Lawyer Q&A: DUI
Here is the latest in a series of Lawyer Q&A. This weeks topic focuses again on DUI defense in Colorado.
Q: The fifth amendment of the US constitution says that I do not have to incriminate myself. Why should I give a blood or breath test if stopped while driving? Isn’t it better if they do not have the evidence against me?
A: Yes, you have that right but the courts have decided that the present Colorado law is allowable to basically force you to give a test. Your privilege to drive (not a right) can be taken away for a year if you refuse a test. The law says that by driving in Colorado you have already consented to giving a test and if the situation is right for an officer to ask for a test and you refuse then you lose your license for a year. Also without proof what the level is of the alcohol in your blood the DA and the courts assume that it is very high. The worst thing that you could do is not take the test because you have had nothing or very little to drink. You will not be able to prove that you were not drinking. The case will depend on your behavior, condition of your eyes and speaking pattern as well as other roadside tests you might be asked to do. If they wrote the ticket there is a very good chance that the police report will have that kind of evidence in it.
If you have any questions about a DUI, call me today at 303 442 6448 for a free consultation. I have been specializing in DUI cases in Boulder and surrounding areas since 1983, and my goal is to provide you with personal service that makes a difference!