If you have been charged with a DUI / DWAI in Greeley, Evans, or Erie, you need to work with an experienced criminal defense attorney to make sure you get the best possible outcome in your case. Our lawyers at the O’Malley Law Office have won many cases by getting involved early in the case. Let’s look closer at what an arrest for DUI / DWAI looks like, and what we can do after the fact if you have been charged with a DUI / DWAI.
Why Were You Arrested for a DUI / DWAI?
In order for a police officer to arrest you for a DUI / DWAI in Morgan, Weld, or Logan County, he or she must have probable cause to believe you have been driving with a BAC over the legal limit. They obtain evidence against you from the moment they pull you over – they watch the way you respond to their questions, how shaky your hands are while retrieving your insurance and registration, if your breath smells of alcohol, and how well you perform the voluntary road side maneuvers. Because this observation is for the purpose of an arrest, we always advise people to roll the window down only a few inches if pulled over by the Greeley police, and to politely decline to participate in the roadside tests. If the police officer has enough evidence to prove you have been drinking, he or she will arrest you and you will be taken to the local police department to participate in a blood or breath test.
Should I Take the Breath Test?
The answer to this question depends on whether or not you have been arrested. If you have been taken to the police station (after your arrest), you must choose between taking a blood or breath Express Consent Test (EC Test). These are mandatory (refusal will result in the suspension of your driver’s license). But, if you haven’t been arrested and are asked to take a breath test using a Portable Breath Test (PBT) at the roadside, you can and should refuse to take this test.
How an Attorney can Help if You’ve Been Charged with a DUI / DWAI
If you have been charged with a DUI / DWAI, it is in your best interest to contact an attorney for a free consultation to discuss your case. There are multiple defenses to a DUI / DWAI charge, and a skilled lawyer will be able to use these defenses to get you the best possible outcome in your case. If the arresting officer arrested you without cause, the results of the Express Consent Test may be suppressed and kept out of the courtroom. Don’t lose hope if you have been charged with a DUI / DWAI – contact an attorney at our office for a free consultation to discuss the details of your case. You deserve to have a future without a criminal record. We will help you secure your freedom and protect your driving privilege in Colorado.
If you or a loved one has been charged with a DUI / DWAI in Colorado, be smart, exercise your right to remain silent, and contact an experienced DUI / DWAI defense attorney at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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