Usually, when people are breaking the law, they avoid law enforcement agents. One man, however, seems to have sought them out. A state trooper was at a gas station filling up his marked patrol car when another man pulled his car in next to him. The man got out of his car and proceeded to walk directly into the police car. This, obviously, raised the trooper’s suspicions and when he confronted the man, he showed signs of intoxication. The trooper asked the man to participate in some field sobriety tests, which he failed, and arrested the man for Drunk Driving or Driving Under the Influence (DUI)
Driving Under the Influence in Greeley
C.R.S 42-4-1301 – Driving Under the Influence – is defined by Colorado law as:
The term ‘vehicle’ includes bicycles, cars, semis, SUVs, motorized bikes, and motorized scooters. In Greeley, Windsor, and Evans, “driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
In the state of Colorado, a blood alcohol content (BAC) of .08 or higher constitutes a DUI charge. The man from the story had a BAC of .18, more than twice the legal limit.
Field Sobriety Tests in Weld County
These tests are voluntary in Weld, Morgan and Logan County.
The man above submitted to roadside tests when the state trooper asked him to. This is not something we, at the O’Malley Law Office, recommend. These tests are voluntary in Weld, Morgan and Logan County. This includes a PBT, a breathalyzer, walk and turn, standing on one leg, or a balance test. Weld County Deputies, Greeley Police Officers, and Colorado State Troopers do not always make it clear that these tests are not required by law when they ask someone to participate in them. They make it seem like you do not have a choice, but it is important to know you absolutely do. It is not until a person has been arrested that they are mandated to provide a blood or breath sample to test blood alcohol content.
If you have been arrested for DUI or DWAI in Greeley or Weld County, call the best DUI lawyer from the O’Malley Law Office immediately. Be smart, exercise your right to remain silent, and contact us for a free consultation at 970-616-6009. Or, submit the “Get Help Now” form. Together, we can protect your future.
Image Credit: FreeDigitalPhotos.net – nixxphotography