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If You’re Arrested for DUI in Boulder, Colorado

By on Aug 17, 2011 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs | 0 comments

There are more than 1500 people arrested for DUI (Driving Under the Influence) or the lesser charge of DWAI (Driving While Ability Impaired) every year in Boulder, Colorado. Under Colorado law, driving under the influence means that the amount of alcohol in your system, or blood alcohol content (BAC) was .08 or more at the time you were driving. Driving while ability impaired means that the amount of alcohol in your system was .05 or greater.

Contact a Boulder DUI Attorney

Handcuffs - Boulder Colorado Criminal Attorney Phil ClarkBeing arrested for DUI in Colorado is is a serious matter. A person facing DUI or DUI charges risks severe penalties and consequences, including jail time, having a criminal record, suspension of driver’s license, sharply increased insurance rates, and loss of relationships and future job prospects. If you have been arrested and charged with a DUI or DWAI in Boulder, the most important thing you can do is to find an Boulder criminal attorney with strong experience fighting DUI and DWAI cases.

To be convicted of DUI or DWAI in Boulder, the Boulder County District Attorney must prove beyond a reasonable doubt that your driving was impaired. Some of the evidence that the district attorney may use to prove a DUI or DWAI charge include:

  • The reason the officer pulled you over (what did he or she see that made them suspect you of DUI or another traffic violation?)
  • How you behaved during the traffic stop (did you slur your speech, have bloodshot eyes, etc.?)
  • Whether or not you displayed any overt signs of intoxication (for instance, did you smell like alcohol)
  • How well you performed field sobriety tests, and
  • The result of your blood alcohol content test

If You are Pulled Over on Suspicion of Drunk Driving in Boulder

1. Pull over safely and quickly, and remain in your vehicle.

From the moment a Boulder police officer decides to pull you over he or she is gathering information and making observations to include in his or her police report, which will be used against you. If you drive
erratically, slow down too abruptly, pull over in an unsafe location, or try to get out of your car the officer records it in his or her report.

2. Be polite – don’t make the officer hate you

Police officers are people too, and if you’re disrespectful to them they’re more likely to try to do every they can to get you arrested, including writing a more incriminating report

3. Don’t Answer Incriminating Questions

While you are required to give your name, license, and registration to an officer that pulls you over, you have the right to remain silent if asked any other questions. Police officers are trained to get you to incriminate yourself by asking questions like “how much have you had to drink?” You may politely refuse to answer these questions, and it is your best interest to do so.

4. Refuse the roadside breathalyzer test.

You are under no legal obligation to take a roadside breathalyzer test, and it is not in your interest to do so. Such tests are often unreliable, and a positive reading may cause the officer to embellish his report to make it look like you were driving drunk. If the police officer does not know what the result of the test will be until they reach the police station, they’re more likely to write a fair and even-handed report.

5. Write down everything you remember about your DUI arrest after you’re released.

This will help your Boulder DUI lawyer fight the charges against you.

  • what you were doing and where you were doing before you drove
  • where/when you were pulled over, and if you were read your Miranda rights
  • how much you had to drink
  • what test(s) you took (field sobriety and/or breathalyzer, breath test at the police station)
  • how long after you were arrested
  • how the officer behaved, any instructions he gave you
  • what you said to the officer
  • Write down every detail that you can think of, even if you don’t think it’s relevant.

6. Contact a Boulder DUI Lawyer

A DUI or DWAI conviction is a serious blow to your personal life, bank account, and future job prospects. Police officers make mistakes, and sobriety tests and even blood alcohol tests can unreliable. An experienced Colorado DUI attorney can carefully review all the evidence and find any holes that may exist in the District Attorney’s case, and help get you the best possible deal.

Boulder Colorado attorney Phil Clark has over ten years of experience in DUI and DWAI cases, both in the District Attorney’s office and fighting DUI charges. Phil Clark is certified by National Highway Transportation Safety Administration standards in the performance of roadside sobriety tests – just like police officers. He knows what police should be doing and what they should not be doing when they pull your car over. If you’ve been arrested for DUI or DWAI in Boulder, fill out the contact form on this page, or call us at (303)-444-4251 to schedule a free consultation.

Phil Clark is a Criminal Defense Attorney for The Clark Law Firm in Boulder, CO. His experience as a senior prosecutor gives him a strong advantage for aggressive criminal defense and those in need of a Boulder DUI attorney. Contact us today for a FREE Consultation.

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