Photo Of Kyle B. Sawyer
Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Colorado Trooper Arrested for DUI: C.R.S. 42-4-1301

On Behalf of | May 4, 2012 | DUI / DWAI |

Denver Driving Under the Influence Attorney

A Colorado State Trooper was recently arrested for DUI / DWAI, Driving Under the Influence of Alcohol (C.R.S. 42-4-1301) while on-duty in Douglas County, Colorado. The officer was charged with a DUI after drivers witnessed him driving irregularly near Castle Rock and called 911. He is claiming that he suffers from Post-Traumatic Stress Disorder related to his job. Ironically, one of the primary purposes of the Colorado State Patrol, throughout every Colorado county including Arapahoe, Adams, Weld, and Jefferson County, is to observe drivers for signs of drunk driving.

Lawyer Tips for Driving in Douglas County

If you are driving on Colorado roads and highways, be aware and be informed. There are three things every driver in Denver, Aurora, Golden, or any other Colorado city should know:

1. Whether you are driving erratically or not, a police officer, sheriff, or state trooper may pull you over if they have any reason (what the law calls “reasonable suspicion”). So, if you are speeding one mile per hour over the limit or your registration tags have expired, but otherwise driving perfectly, they can pull you over to investigate for a DUI DWAI. You do not need to be swerving all over the road.

2. Once you are stopped, there are many things that the police can do to manufacture probable cause to arrest you for DUI DWAI. Every single time I see the same things on the citation: the driver had bloodshot, watery eyes (can’t contacts can cause this condition?), there was a “faint” smell of alcohol on the driver’s breath (if you try hard enough, you could probably smell anything in my car), and the driver couldn’t adequately perform roadside maneuvers (people can’t say the alphabet backwards stone-cold sober without thinking about it pretty hard, can you?). I strongly recommend that you do not volunteer to do the voluntary roadside maneuvers.

3. Once the police have their so-called probable cause, Colorado has a law that DEEMS you to have consented to a blood or breath test to determine whether you have an elevated blood alcohol content or B.A.C. (C.R.S. 42-4-1301.1). If you refuse, you will automatically have your driver’s license revoked for a year by the DMV, regardless of the outcome of your criminal case.

DUI / DWAI law in Colorado is complicated, made even more complicated by interplay of the legal system and the Department of Motor Vehicles. If you have been accused of Driving Under the Influence of Alcohol or Drugs or Driving While Ability Impaired (DWAI C.R.S. 42-4-1301 (b)), do not try to navigate this mine field alone. Be smart, exercise your right to remain silent, and call The O’Malley Law Office today at 303-731-0719. Together, we can protect your future.