If you were pulled over in the state of Colorado and charged with the crime of driving under the influence of alcohol, it is likely that you feel shocked about the event. You may even believe that you were arrested wrongfully and that there was not enough evidence to prove your intoxication.
If you believe that the law enforcement officer at the scene acted irrationally or without cause, it is important to understand your legal rights. You may want to defend yourself by arguing that you were wrongfully arrested. The way that you choose to argue this will depend on your specific situation.
How can I prove that I was falsely arrested?
In order to be lawfully arrested for driving under the influence of alcohol in Colorado, law enforcement officers should have some evidence that you are intoxicated. This evidence may be acquired through the observation of reckless driving, unstable behavior or bloodshot eyes.
The most common technique that law enforcement officials will use to show intoxication before making a DUI arrest is a Breathalyzer test. A Breathalyzer test is a device that is blown into. It analyzes saliva to give an indication of blood alcohol concentration (BAC). It is unlawful for a person to be driving with a BAC of 0.08 percent or higher.
If you were arrested without having the option of conducting a Breathalyzer test, you may be able to make an accusation of improper arrest. Similarly, if you did conduct a Breathalyzer test and you were found to have a BAC of below 0.08 percent but were arrested regardless, you may be able to feature this in your defense.
Why should I challenge the arrest if I believe it was improper?
Even if you are not charged with a DUI, your arrest will remain on record. This is why you should take action to have your arrest expunged, so that it has no negative repercussions in the future.
If you were treated unfairly or arrested without cause after being pulled over, it is important that you take action and stand up for your rights.