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

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


On Behalf of | Oct 17, 2018 | DUI / DWAI |


In a continuation of our last DUI / DWAI blog:

4. Being Over The Legal Limit of 0.08 BAC is Not Necessarily Drunk in Douglas County:

Most people think that if you blow over 0.08 (the legal limit for BAC in Colorado) that you are drunk. Not true. Many people can perform field tests at the .08 level and not have slurred speech, stagger or stumble. While they are not drunk, they may not be sober either. Alcohol affects different people differently. People can often do well on roadsides at levels high over .08, if their tolerance to alcohol is high. For this reason, your case is not over just because you drove with a BAC over .08. Don’t just walk into court in Douglas County and plead guilty. You need an experienced DUI / DWAI lawyer to evaluate all aspects of your case. The .08 BAC is only a “permissible inference” of DUI, and can be refuted.

5. Field Sobriety Tests Are Not Always a Reliable Judge of Alcohol Impairment in Adams County:

Driving Under the Influence field sobriety tests include the Horizontal Gaze Nystagmust, the walk and turn, and the one leg stand. Each of these tests is meant to translate into blood alcohol levels over the legal limit. The problem is that each of these tests can be failed for reasons other than alcohol impairment. An Adams County officer’s decision to arrest which is based on ambiguous test results is inappropriate.

6. Arapahoe County Jail is Not Necessarily Mandatory for a First Time DUI Arrest:

Although Colorado DUI / DWAI law describes the minimum punishment for a first DUI as ten days in the Arapahoe County jail, it also allows a judge to suspend the jail time if you take and follow the recommendations of an alcohol evaluation. Practically speaking, many first time DUI / DWAI offenders get no jail time at sentencing for Driving Under the Influence of Alcohol.

7. A DUI / DWAI Stop Can be Beat – Even with BAC Evidence:

Colorado State Department of Health administered BAC / Express Consent test results can be beat. DUI cases with blood and/or breath tests as evidence have several vulnerabilities if a lawyer digs deep. Examples of these include: a) Was the stop legal? Many cases can be dismissed because of illegal stops which fall short of “reasonable suspicion”; b) Was there sufficient evidence to support the probable cause threshold to arrest you for DUI / DWAI?; c) Did the Denver, Lakewood or Aurora police officer correctly read you the express consent law? This is a common police officer error in Driving Under the Influence cases; d) Were the Intoxilizer 9000 breath test machine or blood testing records kept and accurate? We have had cases dismissed because key required information was lost, deleted or is found to be incomplete. e) Last, have breath tests in general been critically examined by the jury? There are some inherent problems with the science of breath testing. If thoroughly exposed, these weaknesses can create doubt for jurors.

Denver Lawyer for Driving Under the Influence

If you are facing charges for Driving Under the Influence in Colorado, be smart. Exercise your right to remain silent and contact an experienced Denver, DUI lawyer. Together, we can protect your future.