Colorado DUI Enforcement Up This Holiday Season
The Vail and Roaring Fork Valleys’ Police increased their DUI enforcement this holiday season. Mountain Police Departments continued “The Heat is On Campaign,” to increase DUI Patrols during peak holiday times.
According to the Colorado Department of Transportation, about 60 people are arrested for DUI in Colorado a day. The 5thJudicial district has the highest rate in Colorado of DUI arrests per capita with 8.8 arrests per 1,000 people. This district includes Clear Creek, Eagle, Lake, and Summit counties. The 9thJudicial District, which includes Garfield, Pitkin, and Rio Blanco Counties, has 7.9 arrests per 1,000 people. This is also well above the state average.
Driver’s Rights
In the state of Colorado, Police need reasonable suspicion to initiate a traffic stop. Usually in DUI cases, this is because of bad driving, a 911 call, or a vehicle collision.
Once an officer makes a stop, they are allowed to investigate drivers to see if they are intoxicated. Officers generally look for an odor of alcohol, slurred speech, bloodshot or watery eyes, lack of balance, among other things. Police can ask to have you exit your vehicle and complete standard field sobriety tests. These tests are completely voluntary. Drivers can refuse field sobriety tests with no penalty.
Police are able to ask a driver to do a portable breadth test. These are handheld portable breadth tests taken at the scene. Portable breadth tests are also completely voluntary. Colorado Law states that portable breadth tests can’t be used at a trial because they are not reliable. However, the officer can use information from a portable breadth test for probable cause to make a DUI arrest.
Blood and Breadth Tests
If an officer believes there is probable cause for a DUI arrest, the officer will give drivers the option of a breadth test or a blood test at a hospital. If an officer suspects drug use, they can require a blood test be taken.
Probable cause requires circumstances, observations, or evidence that gives a prudent person the belief that an individual has committed a crime or evidence of criminal activity will be found. Both the Constitution and Colorado State laws protect drivers who are subjected to a breadth or blood test when probable cause does not exist.
In Colorado, you can also refuse a blood or breadth test. If you refuse a test and the officer has probable cause, the driver will lose their license for a period up to 2 years.
Easy Solutions to Avoid DUI Arrests
CDOT promotes a number of campaigns to help people from driving under the influence. Currently, CDOT is promoting a breathalyzer campaign to buy portable breathalyzers. Local police have also endorsed sober ride sharing like Uber, Lyft, and Typsy Taxi.
If you find yourself charged with a DUI or another criminal offense, the team of lawyers at Kalamaya | Goscha are here to help.