Explaining the charges of a DUI or Driving Under the Influence with Actual Physical Control in the Colorado State.
Stay Informed.
In the state of Colorado a driver could be charged with a DUI/DWAI even if they are just sleeping behind the wheel. The principle of “actual physical control” governs this type of criminal case, where the prosecution must prove how a person’s ability to control the vehicle was present based on a number of many factors that also come into play at the time of the arrest. In assessing their case, some of these other factors include:
Are the headlights on?
Are the keys in the ignition?
Does the person have their seatbelt on?
Where is the location of the vehicle?
And more…
Depending on the number of factors present, the prosecution assesses the strength of their case. As an experienced and former prosecutor, Attorney Erica White will be able to competently walk you through the strength of your case and your options.
Timeline of a DUI Investigation
Reasonable articulable suspicion: An officer has pulled you over for a broken headlight, weaving lanes or another minor traffic violation. They have developed a reason to pull you over.
Probable Cause: Once at your window and officer is looking to develop probable cause. Meaning they are looking to see there are open containers in the vehicle or if you smell like alcohol. Note* an order of alcohol is not enough for an officer to arrest you. An officer may try and get you to admit to drinking by asking you questions such as "where are you coming from?" and/or "Have you been drinking tonight?". You do not have to make any admissions and can invoke your right to silence.
Road Side Sobriety Tests: An officer may ask you to participate in voluntary roadside field sobriety tests such as the walk and turn, one leg stand, horizontal gaze nystagmus, or the modified romburg exam. Remember these tests are VOLUNTARY, meaning you can decline. These tests are designed to gather more evidence of intoxication and place you under arrest. More often than note participating in these tests only helps the officers gather more evidence against you.
Probable Cause to Arrest: At this point in the investigation if an officer has enough probable cause to arrest you they will place you under arrest. They may or may not read you your Miranda rights. Remember at any point during your interaction with an officer you can maintain your right to silence, any statements can be used against you later on. It's important to call an attorney and discuss any statements with your attorney prior to speaking with an officer.
At this point an officer may read you Colorado Express Consent if you have a Colorado driver’s license, you have given express consent that you will submit to a chemical test for alcohol or drug use if a police officer finds probable cause that you were driving under the influence (DUI) or driving while ability impaired (DWAI). Although chemical tests are required, some people refuse to take them.
Refusing a chemical test can result in the loss of your driver's license through the DMV but consenting to a chemical test can lead to an officer having more evidence of your impairment.
If you refuse to consent to a chemical test than the prosecutor's can use your refusal against you in a trial. However, if you do consent the prosecutor can use the result against you in trial.
Call Paloma Law today at 720-900-4861 if you have been arrested for a DUI or are under investigation for a DUI.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Paloma Law and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
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