Denver DUI Defense Attorneys

** In Colorado, a person has presumptively had too much to drink to drive safely if their Blood Alcohol content is  .05 or higher.  And now, for Marijuana, a person will be presumed to be unsafe to drive if they have 5ng or more of THC in their system.  Having illegal amounts of alcohol or THC in your system while driving will subject your license to suspension or revocation depending on the levels. **

From Truck Driver to Soccer Mom, DUI Charges Can be Life-Altering

The margin of error that allows false DUI and DWI charges to occur should be eliminated—and until law enforcement eliminates such errors, criminal lawyers will have plenty of business trying to clean up the chaos that these mistakes create. No test is infallible, whether it’s roadside testing, blood testing, or breath testing. Know the laws, your rights, and your options so that you don’t inadvertently help law enforcement build a DUI or DWI case against you.

Voluntary Roadside DUI/DWI Testing: What Should You Do?

Many people who are pulled over for suspicion of drunk driving are threatened with license suspension if they refuse a voluntary roadside test. This threat is a tactic used to pressure people into taking voluntary roadside maneuvers, which is not in their best interests, as even sober people often could not pass these tests. We know that these tests are designed for people to fail. The refusal of a roadside test is not the same as refusal of the express consent tests that can result in suspension of your driver’s license. If you took a roadside test, it may be invalid and therefore, inadmissible in court.

If you are the subject of a DUI stop or investigation, be aware of the following points so that you can protect yourself from legal trouble:

• Anything you say (admission of drinking) or do (roadside maneuvers) can and will be used against you.
• Refusing a chemical test carries a mandatory minimum one year revocation of your driving privileges.
• You may choose a breath test, blood test, or refusal.
• You do not have the right to speak with an attorney before choosing which test to take, if any.
• You do not have to submit to roadside sobriety tests—they are voluntary.
• Portable Breath Tests (PBTs) administered at the roadside are also voluntary; therefore, you may decline. PBTs may not be used in court, but they may be used as evidence to support an arrest.

The Trouble with The Intoxilyzer

There have been numerous cases of people who have been falsely charged due to problems with the Intoxilyzer, which is notoriously susceptible to error. The Intoxilyzer estimates alcohol levels from one’s breath; it does not measure blood alcohol content. Inaccuracies arising from Intoxilyzer testing is possible for many reasons, which include false positives due to:

• Menthol smokeless tobacco
• Mints
• Mouthwash
• Gum
• Denture adhesive
• Asthma inhaler
• Increased body temperature (due to illness, exertion or stress)
• Burping

A skilled lawyer will review the type of test used, analyze the results, as well as any other evidence against you, and work to undo the damage caused by faulty test results.

Blood Testing for Alcohol and Marijuana

Every state has metrics in place to determine whether or not a person is sober enough to drive based on the levels of intoxicating substances in their blood, whether that substance is alcohol, prescription drugs, or marijuana. In the state of Colorado, a person is presumptively too impaired to drive safely if the percentage of their Blood Alcohol Content (BAC) is .05% or higher. Legal limits have been instituted for marijuana, as well: A person with 5 or more nanograms/ml of THC in their blood is presumed to be too impaired to drive. Having illegal amounts of alcohol or THC in your system while driving will result in either suspension or revocation of your driver’s license. The problem is that blood testing, while perceived and touted to be indisputable, does have flaws.

Blood alcohol tests can be inaccurate when proper testing procedures are not followed or if the analyst conducting the test has not been sufficiently trained. Testing for marijuana is even more complex, as the level of impairment really cannot determined simply by testing—numerous factors affect THC content in the blood, such as the user’s pattern of use, the amount consumed, and the way these and other factors affect the metabolites in the blood. For instance, a person showing low levels of THC may be significantly impaired, while the opposite is true for a frequent or chronic user who may show high THC levels even if they are not impaired at the time. In addition to unreliable testing methods, agencies that provide testing are not always completely reliable or scrupulous. The Colorado State Toxicology lab, for example, has come under recent scrutiny for inadequate training of staff and the appearance of impropriety by a supervisor who openly “rooted” for prosecutors.

If you’ve been charged with a DUI or DWI, it’s critical to retain the services of a DUI defense lawyer as soon as possible so that the utmost in investigation and scrutiny can be given to your case. At Decker & Jones, we have attorneys who are experienced with Colorado DUI and DWI law and who are skilled at sorting and challenging evidence that is invalid or inadmissible. Often, we are able to negotiate with the state to get charges reduced or dismissed entirely.

Contact Decker & Jones Today for a Free Consultation When You’re Facing DUI or DWI

To benefit from decades of combined legal experience in family law and criminal law that is available at Decker & Jones, simply fill out the convenient online contact form or call our Golden or Denver offices at (303) 573-5253. When you contact Decker & Jones to schedule a free initial consultation and learn about the legal options available to you, your call will be returned within two hours. We accept credit cards and can also create payment plans for our clients in need. Contact Decker & Jones today for your free consultation. Even if you don’t choose to retain our services, you will come away from the consultation with a better understanding of what you’re facing with regard to your legal situation.

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