DWI/DUI Defense Attorney in Colorado Springs, Colorado
What evidence does the prosecutor use in DUI cases?
What evidence does the prosecutor use in DUI cases?
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so the evidence that the prosecutor uses
in DUI cases is really the totality of
the case um that starts with the initial
stop and the reason for it so the
initial stop is going to be what the
officer saw that
actually gave them reasonable suspicion
to believe that a crime may have
occurred so that starts with um
something related to driving generally
speaking um not always but generally um
so weaving um not stopping at a at a
stop sign um making a wide turn things
like that just enough so the officer has
a reason to um stop the vehicle uh so
that all comes into play from there uh
it it depends on what the officers uh
witnessed uh after pulling the vehicle
over and actually having contact with
the person so they’re looking for things
um like slurred speech bloodshot watery
eyes odor of alcohol is often a is often
a big one um whether somebody’s able to
divide their attention between speaking
with the officer and um doing other
things like pulling out license
registration insurance things like that
um so all of that goes into uh indisha
that the officer is picking up on from
there there’s other signs that the
officer looks for if they if they have
uh if if the person steps out of their
vehicle and they um are unsteady on
their feet uh if they’re wobbly um or
during the conversation with the police
if they’re not able to answer questions
correctly or or in a way that makes
sense all of that goes into it so at
whatever point the officer believes that
they they um may be dealing with the DUI
at that point they will be asking for
something called uh SFSTs or
standardized field sobriety tests um no
also known as roadside tests so um for
that they’re going to be uh it is
voluntary that is something that they
make clear um they’re often very good at
getting people to do these um but it is
voluntary and that’s important that
people remember that the things that
they’ll look for generally speaking uh
are horizontal gaze nestagmas test so
they’ll hold a stimulus in front of
their eyes um and they’ll look for equal
tracking they’ll look for jumping of uh
in the eyes things like that and there
are uh a number of different clues that
they can pick up from that uh from there
they’ll do the walk and turn test um so
walking in a line making sure that that
you’re actually able to do that and
follow instructions and then the one leg
stand test which is a balancing test so
those are generally the three uh the
three tests that they’ll that they’ll do
for uh SFSTs and that all comes into
play um for the what the prosecutors
using at trial from there if an officer
believes that they have probable cause
to make an arrest um they will arrest
the person with a DUI um and at that
point express consent takes effect so in
Colorado express consent is the idea
that by driving in the state of Colorado
you’ve already consented to a chemical
test of your blood or your breath now
often times you can refuse that test
officers generally don’t make you do the
test but um you’ve already consented to
a chemical test your blood or your
breath and so from there they’ll either
transport you to the hospital or to the
police station um where that chemical
test will be done and that’s a big one
is is obviously when those results come
back depending on the outcome if it’s
over .008 um that’s a big factor in in
um the evidence that the DA is going to
be using at trial so often times after
the SFSTs are completed uh the officers
will ask if you want to do a PBT or a
preliminary breath test so that’s just a
essentially a roadside breath test it’s
not admissible in trial um but it is
something that the officers can use to
determine whether there’s probable cause
in your case and so if that PBT comes up
showing that it’s over 008 that gives
them reason uh to make an arrest so if
you refuse to take the test depending on
the jurisdiction the officers can either
get a warrant and force you to take the
test or a lot of times they’ll allow you
not to take the test um but that has
implications in a number of different
ways on one hand it’s favorable because
there is no test that actually shows
that you’re above the legal limit but it
can be used against you in trial and the
question can be asked why wouldn’t you
want to take the test if if you are not
intoxicated um the other way that it has
an impact is that it can um make the
length of suspension for the DMV uh and
revoking your license um lengthier as
well
Colorado Springs, CO criminal defense attorney Gannon Becker talks about the evidence the prosecutor uses in DUI cases.
