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Myths About DUI Charges

01/26/14 9:39 PM

There are a lot of thoughts on how to beat or get out of a DUI – best way that I know as a DUI defense attorney, is to not drink and drive.  Over the years, I have received a lot of questions about misinformation and DUI charges in Colorado.  This post seeks to show why some of the more common myths are untrue.  To discuss your case – contact us at (303) 747-4686 or click here.

Myths about DUI charges

MYTH 1:  If the keys are not in the ignition, I can not be charged with a DUI

FALSE:  The cops could still arrest you for DUI, even if the keys were not in the ignition.  The cops will ask you if you drove, will look at the position of the driver’s seat, and place of the car keys (aka, if they are in your possession –that will be used to show that you drove

MYTH 2:  If I’m arrested for DUI and I refuse to take a blood or breath test, that cannot be used against me.

FALSE:  If the cops have probable cause (which is a very low standard) to arrest you for DUI in Colorado you must consent to either a blood or breath test.  If you refuse a test, your licenses will be suspended for one year by the DMV. In addition, the government will use the fact that you refused a test to show that you were trying to hide the alcohol in your system.

MYTH 3:  I MUST take the roadside tests if requested by the officers.

FALSE:  You do not have to answer any questions or complete any FST or Roadside tests.  These tests are designed for you to fail.  You will never perform them satisfactorily and this is more ammunition for the government to use against you.  For more information on roadsides, check out our FST posting.

MYTH 4:  I should admit that I have one or two drinks

FALSE:  You have a constitutional right not to self incriminate.  This means that you do not have a duty to tell the officers that you had drunk any alcohol or that you only had 1 or 2 beers.   In fact, you don’t need to answer any of the officers questions.  FYI – one or two beers is the top response that officers generally get and rarely does a blood or breath test confirm just one or two.

MYTH 5:  If I’m not seen driving, I cannot be charged with DUI

FALSE:  As stated above, there are many ways the government will try to show you and not someone else was driving.  The government will use circumstantial evidence to show that you were driving.  The cops will testify to such things as:  no one else was around, car was warm to the touch, keys were in you pocket/hands, and possible that the seat position matched your approximate height.

If you have more questions or what to ask a question, simply contact us here.  For more information about DUI penalties in Colorado, check out our DUI page.

Posted by Laurie Schmidt | in DUI arrest, DUI laws, DUI Post | Comments Off on Myths About DUI Charges

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