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.
