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DUI/DWAI Lawyer in Evergreen, Colorado
DUI/DWAI Legal Representation in Evergreen, CO
When stopped by a law enforcement officer, first note the time, then, always respect the uniform worn by the law enforcement officer. They do a difficult and dangerous job to keep you and I safe. They deserve respect and common courtesy!
First, you may have been lawfully contacted at a roadside sobriety checkpoint at a place allowable, or by a law enforcement officer who had probable cause to effectuate a traffic stop of your vehicle (or a vehicle within which you were a passenger). As a licensed operator of the vehicle you have already expressedly consented to a chemical analysis of your blood or breath if requested by the law enforcement officer who then has reasonable suspicion to believe that you were operating the vehicle under the influence of or impaired by alcohol and/or drugs. Both prescription medications and other substances including marijuana may lead to a driving while ability impaired charge. If no drugs are in your bloodstream, this office always recommends that you request a blood alcohol test. The blood alcohol test is first the average of two tests normally performed by the prosecution on your blood sample. Additionally, another test tube of your blood is preserved for you to have a certified laboratory in Colorado perform an independent test of your blood sample. At additional cost the independent chemist may be able to testify as to his or her opinion as to whether or not you were impaired or under the influence of alcohol.
Also, the blood test results are typically not immediately available to the law enforcement officer so when you are eventually released you will still possess your valid Colorado driver's license.
With the breath test, if the properly preformed results provide a chemical analysis that your breath sample contained equal to or greater than 0.08 [.08 milligrams of alcohol per 210 deciliters or breath volume] your license will be taken by the law enforcement officer and you should be served a Affidavit and notice of revocation of your Colorado driving privilege unless you act within seven calendar days of the date of the notice. Consult this office immediately of receipt of such a notice. This office believes that almost invariably you should timely request a hearing. In addition to the immediate breath test results being available to the law enforcement officer unlike the blood test, no second independent sample is ever saved for your retesting by a certified independent laboratory.
This is general information and is not intended to be relied upon without the consultation of this office.