Drunk Driving Defense Frequently Asked Questions

The following information includes frequently asked drunk driving (DUI/DWI) defense questions. The answers stated are general in nature and are not intended to apply to every drunk driving defense situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Grand Junction, Colorado DUI defense lawyer Andrew J. Peters, you can receive a personal consultation regarding your specific criminal defense case.

Is there any way to avoid a DUI?

It sounds simple, but don’t drink and drive. Take a taxi, designate a driver, walk, call a friend, but no matter what, do not drink and drive. Many people arrested for drunk driving didn’t even realize how much alcohol they consumed during the dinner party they were attending or how many beers they drank while watching the football game with buddies. But if you are arrested or charged with driving under the influence (DUI) in Grand Junction, Colorado, call drunk driving defense Attorney Andrew J. Peters. You still have legal rights within the court system, and it is important to protect those rights in order to get the best possible outcome.

Can I still be in trouble for drunk driving, even if my BAC is below the legal limit?

Yes. It is also unlawful to drive with your normal faculties impaired. Normal faculties are those faculties of a person, such as the ability to walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, etc. An example of a DUI case where a person would be found guilty of driving under the influence with low blood alcohol content is when a person is taking other drugs, including prescription medication ordered by a physician that can enhance the effect that alcohol has on the body.

Does the car have to be moving for me to be guilty of DUI?

No. You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.

Can I fight my DUI driver's license suspension?

Yes. You may request a review of the driver’s license suspension by the department of motor vehicles within a specified number of days following your arrest. At a formal review, the hearing officer is authorized to administer oaths, examine witnesses and take testimony. If you request an informal review hearing, it shall consist solely of an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit. You generally cannot attend an informal hearing. You need a strong advocate to stand up for your rights when you have been arrested for driving drunk in Colorado. Call Grand Junction, Colorado drunk driving defense Attorney Andrew J. Peters today.

What are DUI checkpoints, and are they legal?

DUI checkpoints are roadblocks set up by law enforcement agencies on selected roads and highways to stop and detain individuals suspected of driving while intoxicated. Much like a roadblock that is established for border crossings or agricultural checks, officers use a neutral policy in which to stop vehicles and check the sobriety of the driver. If the driver appears intoxicated (with slurred speech, glassy eyes, etc.) officers will ask the driver to exit the vehicle and perform field sobriety tests. If the driver is deemed intoxicated, appropriate detention will follow.

Although there has been much debate over whether such roadblocks constitute illegal search and seizure, in 1990, the U.S. Supreme Court ruled that if sobriety checkpoints comply with federal requirements, they do not violate any constitutional amendments and are considered legal. In fact, many states have established their own guidelines to comply with federal rules including providing public notice on the location of checkpoints with reasons why particular locations are selected. Also, the Supreme Court found that the need to reduce alcohol-related accidents more than justified the minimal intrusion accompanying checkpoint procedures, thus allowing sobriety roadblocks to remain in effect. If you have been arrested for drunk driving (DUI) after being stopped at a checkpoint or police roadblock, call Grand Junction, Colorado drunk driving defense Attorney Andrew J. Peters today.

Can drivers refuse chemical tests?

The three standard chemical tests for DUI incrimination are breath, blood or urine (urinalysis), and in most states, the driver can choose the test. Many jurisdictions test blood or urine after a breath test because a breath sample cannot be saved and later reanalyzed by defense attorneys in a court of law.

Although chemical tests can be refused, the refusal does not come without serious consequences. All states honor an “implied consent” law, which considers individuals who hold an active driver’s license as automatically agreeing to submit to blood, breath or urine tests to determine sobriety. Refusal to take these tests can result in the suspension of a driver’s license for 3-12 months, and may prove detrimental to the driver. If a drunk driving case goes to trial, prosecutors can iterate that chemical tests were refused, prompting suspicion of intoxication or “consciousness of guilt.” And in some states, refusal is a separate crime that adds jail time to the sentence for the DUI offense. Also, a driver does not possess the right to change their mind once refusing chemical tests; license suspension and all applicable penalties still apply.

Chemical testing that does not grant any right of refusal pertains to drivers who have been arrested and taken into custody for elevated offenses, such as vehicular manslaughter, wherein blood is automatically drawn from the driver to ascertain any level of intoxication and impending responsibility. To find out how your chemical tests affect the likelihood of conviction in your particular case, call Grand Junction, Colorado drunk driving defense Attorney Andrew J. Peters today.

What should I do if I am stopped by a police officer while in my vehicle?

First remain calm and remember the police officer is just doing his job. It is best to make no sudden movements that may alert an officer as a possible danger sign. Keep your hands on the steering wheel and be prepared to present your driver's license and proof of insurance when asked. It has been said that when an officer has stopped a vehicle they already have it in their mind whether or not they will issue a ticket or just a warning. Whether this is true or not, be courteous to the officer and they will be courteous to you. If you are stopped and aren’t sure why, keep in mind that an officer that is behind you may notice that your taillight is out or that your license plate is missing a current tag, or that you may have been weaving in and out of lanes on the road without realizing it. These are things that you may not be aware of and it is the officer’s duty to inform you of this.

The officer may want you to step out of the car and perform field sobriety tests or a chemical test for blood alcohol content (BAC) on a breathalyzer. In most states you have the right to refuse these tests, but there may be consequences to such a refusal. To get the advice and representation you need after a DUI arrest, call Grand Junction, Colorado drunk driving defense Attorney Andrew J. Peters today.

Can Field Sobriety Tests Be Challenged?

The gymnastics that you were asked to perform on the side of the road under abnormal conditions were not designed to objectively determine whether you were in fact impaired by alcohol. Police and prosecutors use them to collect evidence against you. They cannot be passed. They are judged by negative scoring; thus, you get no credit for doing things correctly. You can do a test perfectly and still fail the test because the Officer thought you performed in a "slow deliberate manner."

Police in many jurisdictions routinely use field exercises that were rejected after exhaustive studies under expensive federal grants. These include the following: THE ALPHABET TEST; THE FINGER COUNT TEST; COUNTING BACKWARDS; TOUCHING FINGER TO NOSE TEST; MODIFIED BALANCE TEST-ESTIMATE 30 SECONDS WITH EYE CLOSED AND HEAD TILTED BACK.

A recent published scientific study evaluated 100 videotapes of police conducting the follow the pen eye test and found that each and every officer performed the test wrong. Cross-examination of police officers with their very own training manuals routinely demonstrates their lack of knowledge and skill.

Can I Challenge The Results Of A Breath Test?

The validity of breath testing rests upon a vast array of assumptions that can be attacked by an experienced DUI attorney in a wide variety of cases, beginning with challenges to the following common assumptions:

1. Assumption: The machine is in proper working order and has been properly calibrated.
   Even if everything is in proper working condition, there can be an acceptable variation of +/- 0.02%. If your result is a 0.10%, that's a 20% error factor. How would you feel if the altimeter of an airplane was 20% off?
2. Assumption: The sample was properly obtained.
   The law requires that you be under continuous observation for 15 minutes prior to your breath test to prevent “MOUTH ALCOHOL.” If the operator of the breath device did not have you under continuous observation for 15 minutes prior to testing, your test may be invalid. Even if you were observed, you may still have medical conditions that may make you an improper candidate for breath testing. These conditions include common ailments such as heartburn and gum disease.
3. Assumption: The sample was obtained after defendant absorbed all the alcohol.
   Breath testing assumes that the subject is post absorptive. This is important because the machine is calibrated to multiply the breath result by 2100 to calculate your blood alcohol level. If you were still absorbing alcohol, this would tend to significantly over report your true blood levels.
4. Assumption: The temperature of the defendant’s breath was 34 degrees centigrade.
   State of the art breath testing equipment actually measures the temperature of your breath and will subtract any false high result due to elevated breath temperature. Studies done with breath testing equipment establish that the real average breath temperature for arrestees in DUI cases is closer to 35.5 with readings actually over 37. This alone would cause a false high of between 10-to-20%.

If you are charged with DUI and the police had you submit to a breath alcohol test, call experienced DUI defense lawyer Andrew J. Peters now.

Take Action To Protect Your Rights:

If you or a loved one has been arrested or charged with DUI in Garfield County, Delta County, Montrose County, Pitkin County or Grand Junction, Colorado and you need the help of an experienced criminal defense lawyer, call Grand Junction, Colorado DUI defense Attorney Andrew J. Peters today at 1-866-742-2940, or complete the contact form provided on this site to begin your consultation with a dedicated Grand Junction, Colorado drunk driving defense trial lawyer. Your initial consultation on DUI criminal matters is free. (Si habla Espanol.)