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Have your received a DUI/DWI?
Driving under the influence / Driving while intoxicated
At the Suro Law Firm, we know how difficult a DUI arrest can be, and if you are facing criminal charges, hiring an experienced DUI defense attorney is the first step to getting a positive outcome in your case. The Suro Law Firm has successfully defended hundreds of DUI cases and can work to have your case ended positively or settled with minimal penalties.
Some defendants in DUI cases are under the impression that DUI and DWI charges are easy to fight in court, and choose to represent themselves. While this can work in some cases, improper representation cannot be undone after the fact, and can quickly result in long term negative consequences. We advise anyone facing a DUI arrest to speak with an experienced DUI defense attorney before choosing self-representation.
How Can Suro Law Help?
A DUI charge can end in: points on your license, license revocation or suspension, substantial fines, increases in your insurance premiums and plenty of time and energy spent resolving the charges. The Suro Law Firm can get involved immediately to minimize the impact of your arrest or violation.
Once you contact us, we will begin by analyzing your case and discussing the options available to you. If you choose Suro Law as your defense attorney, the experienced team will review all the evidence including blood alcohol tests, police reports and witness statements. Each case is unique, but our goal will be to eliminate or limit negative outcomes. From the moment you retain our services, we will protect your rights and fight to win your case.
What do I do if my car is stopped and I have been drinking?
It is not illegal to drink and drive. It is illegal to drink too much and drive. Like it or not, alcohol is a part of our culture and society. Every important ceremony and rite of passage we celebrate includes, at least in part, alcohol. We tried to outlaw it, which seemed logical at the time: this led to disastrous results. We prefer to consider the reality. Alcohol, with moderation, is not a bad thing unless we make it a bad thing. If it negatively affects our behavior, or creates some risk to ourselves or others, it is a bad thing. So don’t make it a bad thing, and take a cab home.
If you are stopped, and you have been drinking, and you’re not sure how much you’ve had, there are some things you can do. First, the law states that you have to provide a license and registration to a police officer upon request, and you have to get out of the car if they ask. However, you do not need to perform roadside maneuvers, you do not need to recite the alphabet, and you do not need to walk down an imaginary line. You should ask the officer if the roadsides are voluntary (they must answer that they are). You should never blow into the hand held breath testing devices that police officers carry in their cars if you are worried about the result. The results of that test can be used against you in a hearing prior to trial, though it is inadmissible in the actual trial. And you don’t have to answer questions about whether you have been drinking, how long you have been drinking, or how much you have had to drink. If you make any admission to drinking any amount of alcohol, you will be asked to step out of the car and asked to perform voluntary roadside maneuvers. If you do not wish to perform the roadside maneuvers or answer questions about drinking, it will be difficult to do so without frustrating the investigating police officer. Many people say words to the effect of: "I’d like to help you out, officer, but a good friend of mine is a lawyer, and he told me he wanted me to call him if anything like this occurs" (believe me, you will not be allowed to call an attorney). If the officer asks if you have been drinking, they have probably already smelled alcohol: at this point it is unlikely that you going to be allowed to drive home. So why provide an officer with additional evidence to use against you if he is going to arrest you anyway?
If you are not sure if you’ve had too much to drink, and an officer is asking you pointed questions about alcohol use, you should accept the fact that you are probably going to be arrested. After you are arrested, you will be advised of Colorado’s express consent law, which gives you the right to choose between a blood test and a breath test. If you refuse to take any test, you will have your license revoked for one full year at the least and perhaps longer. If you choose to take a test, we recommend a blood test to our clients. The chain of custody on a blood test is really shaky. First of all, they send the blood sample through US mail, and there is no way the postal service knows about this process. The results will not be available for at least two weeks, and the officer will take a second sample that can be retested by the defense attorney. A breath test, with the current testing instruments, provides no retest, gives immediate results, and does not actually test the amount of alcohol in your blood. Rather, it utilizes a spectrophotometer that measures refraction in expired CO2, which it then attributes to blood alcohol via some complex formulas that we believe can be questionable. How you are tested and what happens before, during and after that test can mean the difference between a positive and a negative outcome in court.
The best decision is to make plans for returning home safely prior to drinking, but we understand that you may end up driving with alcohol in your system. DUI convictions become more expensive each year and the punishments become more severe. If you find yourself in need of a DUI defense attorney, please contact us as soon as possible.
Denver DUI Defense Attorney Sees Rise in Sobriety Checkpoints
Wednesday, October 2, 2013
Denver has had a recent rise in sobriety checkpoints – temporary traffic stops to facilitate police officers checking for drivers under the influence of drugs and alcohol. The Denver Police Department has been setting up such checkpoints to reduce drunk driving and alcohol related accidents and fatalities. Checkpoints are often set up on holiday weekends, such as Labor Day, Halloween, and New Year’s Eve – when the incidence of partying is higher, but are set up at other times as well.
What to Expect at a DUI Checkpoint
Sobriety checkpoints provide police officers a chance to speak with, and observe, all drivers passing through and assess any presence of alcohol or drugs. If a driver exhibits behaviors indicating potential substance use, or if alcohol is detected, the driver will be asked to perform field sobriety testing. Such testing may include walking on a straight line, or reciting the alphabet backwards.
Drivers clearly not under the influence of alcohol or drugs are waived through the checkpoint and continue on their way. If under suspicion of substance use, drivers are further interrogated to confirm suspicions. In addition to field sobriety tests, drivers may be asked to undergo a chemical Blood Alcohol Content (BAC) test. Our article, Do You Have to Submit to a Breathalyzer? provides answers to questions about roadside chemical DUI testing. If indeed under the influence of alcohol or drugs, the driver will be arrested.
Should you find yourself in a position of facing DUI charges, working with by an experienced Denver DUI attorney assures your best representation and alleviates stress associated with navigating legal processes. Please don’t hesitate to contact us to help resolve any DUI charges you may be facing.