If you get pulled over under suspicion of driving under the influence of alcohol in Morgan, Weld, or Logan County, don’t help the police convict you of DUI / DWAI. You will help the police by not knowing your rights and by doing everything they tell you to do. In this blog, we’ll discuss which alcohol tests are voluntary, and which test you are required to take regarding DUI / DWAI cases.
It’s Not Illegal to Drink and Drive
Think about it: The law doesn’t say “don’t drink an alcoholic beverage and drive.” Instead, the law has a specific Blood Alcohol Content (BAC) level you must be below in order to drive your car legally. It is perfectly legal to drive after you’ve had a couple beers over a period of time with a meal, as long as your BAC level is below the legal limit.
Roadside Tests are Voluntary
A police officer has to have a “reasonable suspicion” of criminal activity to pull you over in the first place. In order to arrest you for a DUI / DWAI, they must have probable cause. They will observe you closely in order to gather this evidence. They’ll look at your driving (swerving, erratic behavior) and physical behavior (slurred speech, bloodshot eyes, staggering). One way they gather more evidence against you is to ask you to complete voluntary roadside tests. Many officers and sheriff’s deputies won’t let you know these tests are voluntary, because they know you would refuse them. These tests include saying the alphabet backwards, standing on one leg, walk and turn, the Romberg balance test, and horizontal gaze nystagmus tests. These are all used to gather evidence of your intoxication. Why would you give the police more evidence? Always refuse to participate in roadside maneuvers.
Required Blood Tests (BAC) and the Express Consent Law
If a police officer believes they have established probable cause, they will arrest you for DUI / DWAI. Once this is done, they will take you to a police station to get a blood test to determine your blood alcohol content level. You are required by the Express Consent law to take this test. You are given the option to take the blood test (a needle will be used to take blood from your arm), or a Breathalyzer test (you will breath into an intoxilizer machine which will test your BAC level).
Why You Need an Experienced Lawyer for your DUI / DWAI Case
If you have been charged with DUI / DWAI and you don’t believe the arresting officer had probable cause to arrest you – contact us immediately. In cases where the police officer did not have enough probable cause, we are able to fight the DUI charge.
Don’t help the police arrest you for a DUI. If you or a loved one has been charged with DUI / DWAI in Greeley, Thornton, or Berthoud, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-616-6009, or submit the “Get Help Now” form. Together, we can protect your future.
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