Gannon Becker

So the evidence that the prosecutor uses in DUI cases is really the totality of the case. 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 something related to driving. Generally speaking, not always, but generally. So weaving, not stopping at a at a stop sign, making a wide turn, things like that. Just enough so the officer has a reason to stop the vehicle.

From there, it depends on what the officer's witnessed after pulling the vehicle over and actually having contact with the person. So they're looking for things like slurred speech, bloodshot, watery eyes, odor of alcohol is often a is often a big one. whether somebody's able to divide their attention between speaking with the officer and doing other things like pulling out license, registration, insurance, things like that. So, all of that goes into uh indisha that the officer is picking up on.

So, at whatever point the officer believes that they they um may be dealing with a DUI, at that point they will be asking for something called 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 it's important that people remember that.

The things that they'll look for generally speaking are horizontal gaze and stagmas tests. So they'll hold a stimulus in front of their eyes. Um, and they'll look for equal tracking. They'll look for jumping 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 the three tests that they'll that they'll do for SFSTs.

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 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. 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? The other way that it has an impact is that it can make the length of suspension for the DMV uh and revoking your license um lengthier as well.

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 it's important that people remember that.

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.

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.

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? The other way that it has an impact is that it can make the length of suspension for the DMV uh and revoking your license um lengthier as well.

it is voluntary and it's important that people remember that.

So the possible consequences for our military members are a number of different things. They might receive extra duty, a reduction in rank, letter of reprimand, suspended deployment or PCS orders or suspension board. It can affect clearance. So there's there's a number of different things that it can affect.

We do our absolute best to work with our military members to make sure that as we're handling their case, although it's a separate issue, as we're handling their case, we're doing everything that we can to have it so that it doesn't have to affect them or if it does, it affects them as little as possible.

They might receive extra duty, a reduction in rank, letter of reprimand, suspended deployment or PCS orders or suspension board. It can affect clearance.

So, when you're charged with a DUI, the DMV can take action on your license separate and apart from any criminal case. The criminal case obviously it can have an impact on whether you are able to drive, but the DMV often actually will take a separate action from that. Now, we we help with that. We represent our clients both on the DMV side as well as on the criminal side.