Anyone who regularly enjoys alcoholic beverages could potentially be at risk of criminal prosecution. All it takes is one drink too many for a motorist to face driving under the influence (DUI) charges. Police officers can arrest individuals who they believe are under the influence while operating a motor vehicle.
Those who plead guilty or get convicted of a Colorado DUI offense may be subject to a driver’s license suspension. Depending on the circumstances leading to their arrest and their prior record, the driver might also be at risk of incarceration and financial penalties. Typically, those facing DUI charges initially encountered law enforcement professionals in one of the three scenarios outlined below.
A one-on-one traffic stop
Police officers on traffic patrols look for signs of serious violations. DUI offenses are some of the most significant traffic violations, and officers are quick to stop those who swerve all over or otherwise demonstrate a reduced ability to safely operate a vehicle. During a one-on-one traffic stop, police officers may ask drivers to perform field sobriety tests and chemical tests. They may arrest people based on test performance or other signs of intoxication, such as slurred speech.
A DUI checkpoint or sobriety roadblock
Some drivers believe that DUI checkpoints or sobriety roadblocks are a violation of their Constitutional rights. However, the federal Supreme Court has affirmed that checkpoints can be legal and Constitutional when conducted appropriately. Police officers stop everyone passing through a certain point on the road. They may request enhanced screening from some people, and they may arrest those who fail or refuse certain tests. Many people can end up arrested and prosecuted because of a single checkpoint.
A motor vehicle collision
Police officers trying to put together a collision report after a car crash have to determine who is at fault and what factors contributed to the wreck. Frequently, they may have both drivers submit to chemical testing as part of the investigation process. Contrary to what people sometimes assume, a driver does not need to be at fault for a crash for a police officer to arrest them for a DUI when they fail the chemical test afterward. A failed test can lead to charges even when the other driver was clearly to blame for the collision.
The situation leading to someone’s arrest, and even their prior record, may influence exactly what charges and penalties they could ultimately face. Preparing an effective defense to pending DUI charges often requires a careful review of circumstances with a skilled legal team. Drivers who hope to avoid a conviction may need help reviewing the circumstances and determining the best path forward, and that’s okay.