Believing the myths about DUI charges in Colorado can cause people facing these charges to inadvertently compromise their rights or make other mistakes that could hurt a future defense case.
To make sure you don’t operate on any potentially harmful assumptions about Colorado DUI charges, below are the facts behind some of the most prevalent misconceptions about these charges.
The Facts about Colorado DUI Charges: What You Need to Know
1 – If I don’t submit to BAC testing, I can’t be charged with a DUI in Colorado.
FACT: Wrong! You can be charged with drunk driving in Colorado even if you refuse BAC testing during the DUI stop and police/prosecutors do not have BAC results to use in a future case against you.
This is because:
- Your refusal to submit to BAC testing, which constitutes a violation of the Implied Consent law, can be used against you as possible evidence of impairment (DUI cases are one of the only criminal cases in which a refusal to submit evidence against oneself can be, paradoxically, used as evidence against that party).
- There may be other “evidence” of impairment, such as the results of field sobriety testing, the officer’s observations during a DUI stop, driver’s admissions of having consumed alcohol, etc.
Also, if you do refuse testing thinking that you will be doing yourself a favor, you should know that you will automatically incur a driver’s license suspension (for at least one year for first-time DUIs) due to the violation of the Implied Consent law.
2 – I can only be charged with a misdemeanor if I’m arrested for DUI in Colorado.
FACT: Wrong again! Since August 2015, Colorado has had felony DUI charges in place. Generally, felony DUI charges in Colorado are filed for those who are arrested for/charged with DUI for a fourth (or subsequent) time.
3 – If I’m charged with a DUI, I should just plead guilty. There’s no way to win a DUI case.
FACT: No! Although facing DUI charges can be scary, there can be a number of defense options for the accused, depending on the details of their situation/case. For instance, while it may be possible to get BAC results thrown out if or when officers fail to properly administer breath tests in DUI stops, an entire DUI case can be dismissed if there was no probable cause for the DUI stop in the first place.
So, don’t make any assumptions about the strength of a DUI case. Talk to a lawyer first to find out more about the best defense options when facing DUI charges.
4 – When facing DUI charges, there’s no need to act quickly to contact lawyer because the case will take a long time to get through court.
FACT: Absolutely not! After a DUI arrest, it’s important to act fast and consult with a lawyer right away because the accused will typically have to deal with TWO cases: the court case and the administrative case. Having a strong defense in both of these cases can be pivotal to obtaining the best possible outcomes from them
Contact a Colorado Springs DUI Lawyer at Kohn Law Firm
If you or a loved one has been accused of drunk driving in Colorado, contact a Colorado Springs DUI lawyer at Kohn Law Firm for the strongest possible defense.
Call our firm at (719) 328-9555 or email us using the contact form at the top of this page to learn more about how we can help you. From our offices in Colorado Springs, we represent clients throughout the Pikes Peak region and Colorado.
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