DUI: Refusing A Breath Test

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In Colorado, asking to talk to a lawyer can be a refusal. Even if you are carrying my cell phone number with you (720-771-9776) and you are stopped for a dui the police do not have to let you call your attorney before deciding what type of blood alcohol test you are going to take. Many times in the cases I have worked with, the person being arrested has asked to speak to an attorney and the police considered that a refusal to take a test and they lose their license. You often are given the choice of a breath or blood draw test to measure your blood alcohol. You do not have to give them the evidence against you but it is a violation of the consent law if you refuse and the refusal itself can make you lose your license. Refusing the test will not stop them from charging you with a DUI. They can use other evidence to back up their case. Be careful with that decision.

For more information on DUI defense in Colorado, call the Law Office Of Paul Stuber today at (303) 442-6448. CALL NOW for a FREE consultation.

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Breath Tests

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When the police contact you and suspect that you may have been drinking they ask for roadside tests. One roadside test is called the “pbt” for a portable breath test device. They have you blow into a handheld device. This is not the breath test that they use to determine if you lose your license. It is a screening device to see if you should be arrested and then be given a breath test. Many times in my practice I have had clients who thought that this pbt was a breath test and refused to do any more. This is then considered a refusal by the police, and you will lose your license even if the test result on the pbt was well under the legal limit. It is very important to know the difference between these tests. They do not trust the first roadside test to be reliable enough to be the official test and they must offer you the more reliable test on the big machine back at the jail or police station. Under the consent law in Colorado you have consented to do this test and if you refuse you may lose your license just for that refusal.

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Colorado Marijuana Laws

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Everyone needs to understand the impact of legal marijuana and driving. It may be legal now to have and ingest THC in Colorado, but it is still criminal to operate a vehicle in the State of Colorado and across the country after you do. As with alcohol, and other prescription drugs you may be allowed to take THC but if it “impairs your ability to drive safely, to even the slightest degree” you have broken the law and may face jail time and certainly face large expenses. They have blood tests to show active THC, but even if you refuse a test they will charge you with a DUI.

My offices are located in Boulder, Colorado and I specialize in DUI (Marijuana / Alcohol), Bankruptcy, Trust & Estate Planning. Call me today for a free consultation at (303) 442-6448.

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DUI: Driving Under The Influence

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The “driving” part of Driving Under the Influence may be becoming less clear and easier for the Courts and the DMV to prove. I had a long talk recently with someone at the DMV about Colorado’s definition of driving. The case law says that you have to have control over the vehicle. It has been shown that keys in the ignition is enough to show control. There have not been any cases but my question is about how we deal with the keyless starting cars. It is not too far fetched with our current laws to say that since you have the key fob in your purse or pocket it is the same as having them in the ignition because all you will have to do is push the start button to get the car started. Until we have a clear ruling on this it may be best to avoid vehicles all together if you are drinking alcohol or smoking marijuana.

For more information about DUI Defense, Bankruptcy, and Trust & Estate Planning call me today at (303) 442-6448.

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