DUI and DWAI
Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI) are two of the most common criminal charges filed in Colorado. There is plenty of reason to believe that driving after drinking or using recreational drugs is dangerous, however the methods that are used to investigate and make arrests for these offenses are far from perfect, and the potential consequences that accompany conviction for DUI or DWAI highlight the need for effective legal advocacy. Alaurice Tafoya-Modi is a Denver DUI Defense Lawyer who can help with all aspects of your DUI charge. If you have been arrested for DUI, it is important to understand that DUI carries with it two sets of consequences: one set of criminal consequences and one set of administrative consequences. To fully understand these two sets of consequences, it is vital that you speak with an experienced DUI defense lawyer as soon as possible.
The Flaws in the Investigation of DUI
Before a police officer pulls you over for DUI, he or she needs to have probable cause to believe that your driving abilities may be impaired. Once the officer pull you over, they may ask you to step out of the car to perform a field sobriety test. Field sobriety tests do not test for alcohol or drugs, but rather things like motor skills and reflexes that may or may not be indicative of alcohol or drug use said the Greeley DUI attorney Brad Hofman. You are free to refuse the field sobriety test, although the officer is not required to notify you of that right.
You may also be asked to take a breathalyzer or a blood test to test for blood alcohol content. Under the Fifth Amendment, you have the right not to incriminate yourself by taking these tests, however there are consequences to refusing these two tests. In criminal court, a jury may assume that your refusal was based on having something to hide, and therefore assume that you were under the influence. Administratively, however, refusal to submit to breathalyzer or blood test will result in a 12 month suspension of your drivers license under the Colorado Express Consent Law. In contrast, a DUI conviction on a first offense will likely result in a 90 day suspension.
You also have the right to choose between the breathalyzer and the blood test. The biggest difference as it relates to your case is that breathalyzer tests are generally less accurate than blood tests, because they assume that the amount of alcohol in your breath, relative to the amount of alcohol in your blood, is the same as everyone else’s, which may not be the case. As a result, the results of a breathalyzer test are more easily challenged in court than the results of a blood test. An aggressive Denver criminal defense law firm with experience defending DUI charges can help understand all of these options.
What You Should Do
As with any criminal charges, you need to protect your rights. The best way to do that is to politely invoke your right to silence and request a lawyer. Denver DUI attorney Alaurice Tafoya-Modi has successfully defended numerous clients charged with DUI, and will work hard to get the best possible outcome for your case.