If you are facing a DUI conviction in Denver, Colorado and feel you were wrongfully charged for the crime, you need to speak with an experienced Denver DUI attorney immediately as they can help determine if you have viable evidence for you to refute the charges. Anyone else facing any type of DUI charge is also encouraged to seek legal counsel from USAttorneys.com as well.
If you are arrested for DUI in Denver, you are going to need an aggressive DUI defense attorney to represent you through your case.
Colorado has some pretty strict laws when it comes to being accused of DUI and being charged with the crime. One of the methods police use to determine if a driver is intoxicated is by their demeanor, their behavior on the roadway, and of course, evidence that reveals there is actually alcohol in their system. The Denver Post highlighted one law in particular, the expressed consent law, and that law “says that by driving in Colorado, drivers consent to a blood or breath test to determine their blood alcohol content if the police have probable cause to believe that the driver has committed an alcohol-related driving offense.”
What does this mean for someone who is caught driving while under the influence?
Let’s say you went out for a night and had a few drinks. You didn’t exactly make any additional plans on how you were going to get home and you decide you will drive home drunk. Your vehicle is swerving and a police officer witnesses the act which prompts them to pull you over. Once pulled over, the officer smells alcohol which leads him/her to believe you have been drinking. You are arrested and are asked to take a blood or breath test to determine just how much alcohol you have consumed. At this point, you have consented to take this test, even if you didn’t verbally agree. Why? Colorado’s expressed consent law states that. If you are driving on Colorado roadways, you automatically give your consent whether you want to or not.
Colorado Supreme Court Upholds State’s DUI Laws
In three recent cases where drivers were arrested for DUI, supreme court ruled that all should in fact be charged for the offense, even though the representing Colorado DUI attorneys attempted to prove their case should be thrown out. In one case, Fitzgerald v. People, “the court held that the Fourth Amendment does not preclude prosecutors from using evidence at trial that a suspect refused to take a blood alcohol test.” As mentioned, even if you verbally aren’t consenting once arrested, you cannot claim you didn’t provide consent because of the way the law has been written.
While you may refuse a test, you will still be charged with the crime and face harsher penalties for not complying.
What do these cases say for the rest of the DUI offenders in Colorado?
Although the courts ruled in favor of the state laws, had these offenders not hired a DUI lawyer to protect their rights and fight on their behalf, they would have not stood any chance of having their case made questionable.
Being charged and convicted of DUI takes away many privileges and rights you once had which is why you don’t want to go into a DUI hearing defenseless. USAttorneys.com can place you in contact with some of the best DUI defense lawyers in Denver if you have recently been arrested or are expected to be convicted for DUI.