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Why Are DUI Arrests so Hard to Beat in Colorado?

Updated: Mar 9, 2023

Colorado has some of the most strict DUI related laws in the Country.

Colorado lawyers who specialize in DUI defense have to have the highest level of expertise and must work harder than most DUI lawyers in other states. I will outline a few of the most obvious unique Colorado DUI laws that require particular expertise.

Driving While Ability Impaired (DWAI)

One of the most notable laws in Colorado and only a few other states is the lesser charge of DWAI. Even if a driver blows under .08 or gives a b;lood sample that comes back from the lab under .08, it doesn't mean everything automatically gets dismissed. If the alcohol level is .05 or more, the prosecutor can still pursure the charge as a DWAI. Some drivers will be over .05 even with just TWO strong drinks. Even without an alcohol level, prosecutors can also pursue a DWAI charge if they have evidene of even a "slightest degree" of impairment.

DMV Revocations

Before a driver ever gets a chance to defend a DUI/DWAI charge, the DMV will go after the driver's license. A driver only has seven days after the arrest in most cases to file the proper documentation to fight to keep their license. I strongly recommend a driver hire a DUI defense lawyer before the seven days passes to make sure the right to fight the DMV is properly preserved. These hearings are an important step not only to have a chance to save the license, but to prepare to defend the whole case in criminal court.

Colorado Express Consent Law

Aside from the DMV, Colorado DUI officers are able to in a sense mislead drivers into beleiveing they are required to provide breath or blood specimens after bing arrested. Colorado law provides for possible license revocation consequences if a driver refuses a specimen, or provides a specimen over .08, but that is not the same as a person being required to provide a specimen. Many other states require officers to provide specifically worded warnings that make drivers' 4th Amendment rights clear to them. I wrote a specific post on this legal issue a couple of months ago. Colorado DUI defense lawyers must fight for clients when they are misled by officers to submit to chemical testing.

Breath Testing and Lab Procedures

Many states do not allow the results of DUI breath tests as evidence in court if proper procedures are not followed in the forensic preparation of

the testing process. Colorado statute specifically provides that results of breath tests are not rendered inadmissible in court just because certain procedural prerequisites were not met by police.

All Colorado DUI lawyers must carefully inspect the forensic documentation behind breath and blood tests and make persuasive and forensically sound arguments to keep improperly conducted DUI tests from being used against their clients.


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