DUI or Driving under the Influence (aka DUI, DUI per se, DUID – driving under the influence of drugs, drunk driving, drinking and driving, DWI, DWAI OWAI) is the most likely criminal charge or violation of law individuals will encounter in their lifetimes (except minor traffic violations, i.e. speeding, weaving, running red lights). In 2005, nearly 1.4 million drivers were arrested for driving under the influence of alcohol or drugs (Department of Justice 2005). This equates to more than 1 arrest for every 150 licensed drivers in 2005.
The nation-wide trend regarding drinking and driving is to lower the legal limit of the driver’s blood alcohol content (BAC) or breath alcohol content (BrAC) while increasing the possible penalties / consequences. For example, in Colorado, DUI per se used to require the driver’s BAC to be .15 grams of alcohol per one hundred milliliters of blood or greater, then the law changed requiring the blood alcohol content to be .10 grams of alcohol per one hundred milliliters of blood or greater to the current DUI law of .08 grams of alcohol per one hundred milliliters of blood or greater. Likewise, mandatory jail time is required in many cases in Colorado with 2nd or subsequent convictions or with a BAC over .2 grams of alcohol per one hundred milliliters of blood.
A DUI charge in Colorado triggers two actions, a Department of Motor Vehicles (DMV) license suspension action and a misdemeanor criminal case. The DMV receives the results of the motorists BAC level if that level is .08 or higher (.02 if the driver is a minor).

DUI PROCESS
Law enforcement contact:
A police officer must have a reason to make contact with a driver (reasonable suspicion). However, law enforcement has a broad range of reasons to make contact.
General Traffic Stop: Moving violations are the most utilized reasons by law enforcement (municipal / city police, sheriff, state patrol) to make contact with a driver. Speeding and weaving (failure to remain in a single lane) seem to be the most frequent reasons drivers are pulled over (as experienced in this Colorado Law Firm). Other moving violations cops use to make contact with a driver are running red lights or failure to stop at a stop sign (failure to stop), failure to use turn signals, driving to slow, following too close, sitting at a green light too long, and making a turn into the wrong lane, wrong way on a one way street.
Defective vehicle: Police officers will also make a traffic stop for a non-moving violation. For example, police officers are allowed to stop vehicles for: burnt out headlights, brake lights, turn signals, and license plate lights; cracked windshields (obstruction of view); expired license plates; etc.
Accident: Police officers respond to most traffic accidents. These accidents can vary from very serious multi-vehicle crashes, to fender benders, and even single car accidents. Police Officers are usually looking for signs of intoxication when there is a traffic accident. In Colorado, if the driver at fault is suspected of DUI and another person is injured, the suspected DUI driver is often cited with felony vehicular assault. Likewise, if a death has occurred and the at-fault driver is suspected of DUI, that driver will most likely be charged with felony vehicle homicide. When a person is charged with vehicular assault or vehicular homicide, law enforcement will require a blood draw. If the driver refuses to cooperate in a blood draw, Colorado law enforcement can physically force the driver to provide blood samples. Two blood samples will be taken at different times to determine if the driver’s BAC is increasing or decreasing, and thus a determination of the BAC at time of driving can be extrapolated.
In many accidents involving suspected DUI drivers, the suspected DUI driver has left the scene either on foot or in a vehicle. Law enforcement will attempt to make immediate contact with the driver. If a witness has had a chance to get the license plate number, police will be able to run a search on the vehicle and obtain identification and location information for the registered owner. The police will then send an officer to the registered address in an attempt to make contact with the owner and/or driver. If contact is made, the police officer will then determine if the person is intoxicated. One issue law enforcement faces with a suspected DUI driver that has left the scene is determining when that driver had his/her last drink. In some situations, intoxication has occurred after driving.
Citizen complaint / Tip: Combining national awareness for DUI drivers, Cellular Telephones, and billboards posted with law enforcement contact, citizen complaints regarding driving have increased. Colorado has established REDDI reports – Report Every Drunk Driver Immediately with billboards providing phone numbers for law enforcement. Citizens calling in a complaint for driving violations or suspected drivers under the influence are not required to provide their identification (anonymous tip). In Colorado, law enforcement officers will attempt to locate the driver and observe the driver for driving violations to establish independent reasonable suspicion. The purpose for establishing independent reasonable suspicion is to defend the stop. If the police officer does not have reasonable suspicion for the stop, the stop is questionable and may be an area for suppressing evidence. If an officer relays on the citizen complaint as the basis for the stop, the citizen must be a credible witness. Anonymous tips from citizens are not deemed from a credible source.
This law firm has also dealt with cases where a spouse, partner, friend, co-worker, neighbor, etc. has contacted law enforcement regarding a suspected DUI driver. In some situations the person calling the police is concerned for the safety of the driver as well as others in the community. In a few cases, the call seems to be prompted by revenge, in an effort just to get the person arrested.
Sobriety checkpoints (roadblocks): In a sobriety checkpoint, law enforcement sets up roadblocks and stops, for example, every third vehicle. A police officer will then engage the driver in a conversation in an attempt to determine if that driver is under the influence. When the cop believes a driver is impaired or has been drinking, the cop will ask the driver to pull over and perform the voluntary field sobriety tests. If the driver does not complete the field sobriety tests to the officer’s satisfaction then the officer will request that the driver complete a blood or breath test (BAC BrAC). Colorado Springs Police recently acquired a Mobile Blood Alcohol testing unit (BAT). This unit, which will be used at DUI checkpoints, will be able to provide breath testing, blood testing, and videotaping for DUI suspects (Gazette Telegraph, March 23, 2008).
These sobriety checkpoints are usually set up late at night – early morning hours (bar closing time in Colorado) weekends and holiday weekends.
Often times the legality or the constitutionality of sobriety checkpoints are questioned. The fourth amendment of the United States Constitution states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” So the obvious argument is that these sobriety checkpoints are unconstitutional. However, the Supreme Court determined that sobriety checkpoints do not violate the Constitution if they are “properly conducted” (some state constitutions prohibit checkpoints).
Suspicious Vehicle: Police officers may also make contact with suspicious vehicles. For example, cops view a vehicle as suspicious if it is parked outside of a closed business. Likewise, an officer may make contact with a vehicle that is parked along the shoulder of a highway, interstate, or road that does not allow parking. In this situation, officers are generally looking for any suspicious activity or making a welfare check (insuring the occupants are safe). In many instances a person that has been drinking and begins to drive realizes that they should “pull over and sleep it off.” Unfortunately, in Colorado, if a person is seated in the driver’s seat and the keys are in the ignition they are deemed in control of the vehicle and may still be issued a drinking and driving charge.

Drinking and Driving Investigation:
Once the police officer has made contact with a driver, the police officer may then start investigating the possibility the driver is under the influence of alcohol or drugs.
Generally, the first clues an officer looks for is the odor of alcohol, red and/or watery eyes, slurred speech, thick tongue, and flushed face. The officer will also be observing the drivers motor skills while the driver is retrieving his / her driver’s license, proof of insurance, and registration. An officer may then ask the driver if they have been drinking. The most common answers drivers will provide if they have been drinking is “2 beers / drinks,” or “a couple”, or “a few”. A person is not required to answer incriminating questions and Defense Attorney’s would prefer that their clients not answer these types of questions. Once an officer suspects the driver has been drinking or is under the influence of drugs, the officer is likely to request the driver to perform standard field sobriety tests (In many jurisdictions, including Colorado Springs, a DUI enforcement officer may be requested).
Standard Field Sobriety Tests: The Standard Field Sobriety tests are a series of mental and physical tests that determine the driver’s ability to follow instructions, maintain balance and coordination. Basically, these tests require the suspected DUI driver to concentrate on more than one thing at the same time.
Field sobriety tests In Colorado are voluntary (this does not include blood or breath tests, Colorado requires a driver to complete a blood or breath test when a cop has probable cause to believe the driver has been drinking). Often a driver will decide to perform the tests in the hopes that if they do “OK” the cop will let them go. However, it is more likely the police officer is attempting to gather evidence for probable cause to request a chemical test (blood or breath test) and to build a stronger criminal case. The Sixth Amendment right from the United States Constitution does not raise the right to have an attorney called out to the scene or the place of the stop. This basically means that the driver does not have opportunity to have legal advice regarding the field sobriety tests. The best advice is to politely decline the field sobriety tests including any hand held breath testing devices (portable breath test). An officer can still require a blood test or a breath test from a scientifically reliable breathalyzer.
The standard field sobriety tests recommended by the National Highway Traffic Safety Administration (NHTSA) are:
• Horizontal Gaze Nystagmus (HGN):
In this test the police officer has the suspected DUI driver stand still. The officer will then take an object (pen, penlight, flashlight, finger, etc.) and hold it out in front of the driver’s eyes. The officer will ask the driver to follow the object with their eyes without moving their head. The police office is looking for 3 clues; lack of smooth pursuit, distinct jerkiness at maximum deviation, and angle of onset.
• Walk & Turn
In the walk and turn test the officer is observing the DUI suspect’s ability to listen to instructions and follow those instructions while demonstrating balance and coordination.
The driver is given a set of instructions that require him / her to stand still until told to start, then using a real or imaginary line, walk nine steps forward touching heel to toe, turn around, walk nine steps back heel to toe.
The officer is specifically looking to see if the suspected DUI driver can keep balance while listening to instructions, starts the test too soon, stops in the middle of the test, does not touch the heel to toe, walks a straight line, raises arms for balance, looses balance while turning, or steps off the line.
• One Leg Stand (balancing test)
In the balancing test the DUI suspect is instructed to stand still, raise one foot approximately 6 inches of the ground and count to 30 or 30 seconds.
The officer is looking to see if the DUI suspect sways while balancing, uses arms for balance, puts the raised foot down, or hops on one foot.
Other Field Sobriety Tests: Although not standard DUI intoxication tests, police officers will occasionally use the following tests.
• Alphabet: On the rare occasions this test is used (in Colorado), the DUI suspect is asked to recite the alphabet (without singing it), and may be told to stop at a certain letter. The officer is checking to see if the DUI suspect can remember the alphabet, not sing, and remember to stop at a certain letter.

• Counting (backwards): In this test the police officer is asking the DUI suspect to count backwards from, for example, 22 to 11. The officer is checking to see if the DUI suspect can successfully count backwards and remember to stop at 11.

Chemical Tests: In Colorado, once the officer has placed the DUI suspect under arrest, the officer should give the DUI suspect a choice to take either a blood or breath test (if the officer believes the person is on drugs, the officer can make the choice between blood or urine). These are the tests used to determine a person’s BAC (BrAC for breath test). The BAC is basically the measurement of the amount of alcohol in a person’s blood stream. A person driving in the state of Colorado has automatically “expressed consent” to take a blood or breath test once the officer has reasonable suspicion that the driver has been drinking (or taking drugs). If the DUI suspect refuses to take the test that person will have his / her Colorado driving privileges revoked for 1 year for a first time refusal.
Charges: In Colorado a person may be charged with Driving Under The Influence (DUI) or Driving While Ability Impaired (DWAI). The BAC for a DUI charge is .08 or higher while a DWAI is .05 - .079. A minor will be charged with DUI if the minor’s BAC is .02 or higher.