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Driving Under the Influence / DWAI Roadside Manuevers - Yes or No?

On your way home from a bar or party, if you are feeling good, the last thing on your mind is a charge for Driving Under the Influence of Alcohol or Driving While Ability Impaired, C.R.S. 42-4-1301. So, you need to prepare in advance for the best course to take if police pull you over.

Law enforcement officers in Douglas, Arapahoe and Elbert County pull you over when they have some reasonable suspicion of a crime. They are next required to acquire probable cause in order to arrest you. The best way they can do this is to ask you to perform some voluntary roadside maneuvers. These tests are not designed to show that you are not drunk / intoxicated, but to show you are. So if that is their exclusive purpose, there is no advantage for you to take these texts. Under the law, these roadside tests are voluntary - and you should always decline. Don't help the police get probable cause to arrest you.

So what are examples of these voluntary tests? Examples include: the walk and turn, the one leg stand, the alphabet, the Romberg, and the nystagmus tests. Each of these tests present indicators of intoxication. So, as you can imagine, there is no benefit to taking the tests - only harm. Police officers are supposed to ask whether you are willing to take some VOLUNTARY tests. Generally though, they try and make it sound as if the tests are required. They might say something like, "I need you to step out of the car and take a few tests." Regardless of their approach, decline these physical DUI / DWAI maneuver tests.

Now if you are arrested, there is a MANDATORY test you must take in order to determine your blood alcohol level. This test is required of every driver in Colorado, under a principal called "expressed consent". Expressed consent means that you have agreed in advance of a request by a police officer in Adams, Jefferson or Denver County, that you will take either a blood or breath test to determine your blood alcohol level. If you refuse, you will lose your license to drive in Colorado.

Remember, the police are not your friend when they pull you over for suspicion for driving under the influence or driving while ability impaired. With this in mind, be smart, exercise your right to remain silent, and call the experienced DUI / DWAI lawyers at 303-731-0719. Together, we can protect your future.

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