How To Get Out Of DUI / DWAI In Colorado
Please note that I am not a lawyer, this is not legal advice and things change so please mind the date this article was published.
I live in a place with a lot of DUIs and a gung ho police department that loves harassing drunks. I’ve gotten into it with my local police department before over noncompliance with the implied consent act. I love helping people out and sticking it to the man whenever I can. So, here’s my collection of methods to get out of a DUI / DWAI.
Refuse The Test, Surrender Your License
You can refuse the test. The officers will probably use their cop Jedi mindtricks and try to convince you otherwise, but you can refuse the test. Under the implied consent act, anyone issued a license and drives in Colorado roads automatically implies consent to blood tests. If you surrender your license, you no longer imply consent. Please note; you will lose your license, but you’ll lose it anyway in the event of a DUI….Plus jail, treatment, fines, testing and all that other bullshit you don’t want to deal with!
And the actual law (C.R.S. 42-4-1301.1): (3) Any person who is required to take and to complete, and to cooperate in the completing of, any test or tests shall cooperate with the person authorized to obtain specimens of such person’s blood, breath, saliva, or urine, including the signing of any release or consent forms required by any person, hospital, clinic, or association authorized to obtain such specimens. If such person does not cooperate with the person, hospital, clinic, or association authorized to obtain such specimens, including the signing of any release or consent forms, such noncooperation shall be considered a refusal to submit to testing. No law enforcement officer shall physically restrain any person for the purpose of obtaining a specimen of such person’s blood, breath, saliva, or urine for testing except when the officer has probable cause to believe that the person has committed criminally negligent homicide pursuant to section 18-3-105, C.R.S., vehicular homicide pursuant to section 18-3-106 (1) (b), C.R.S., assault in the third degree pursuant to section 18-3-204 , C.R.S., or vehicular assault pursuant to section 18-3-205 (1) (b), C.R.S., and (not OR, very important language here) the person is refusing to take or to complete, or to cooperate in the completing of, any test or tests, then, in such event, the law enforcement officer may require a blood test.
So as long as you haven’t caused injury to yourself or to others (vehicular assault or otherwise) they cannot force you to take a blood test. They also can’t restrain you in any way, which is another issue I need to take up with the Durango police department. I was placed in the back of a vehicle while the test was performed, which I view as being physically restrained. I’ve heard stories of people being taken to jail so they can be tested.
The refusal will be “noted”, but the burden of proof is on prosecution and without a blood-alcohol reading, it cannot be proven that you were drunk when operating the vehicle. They cannot take you to jail for refusal.
Get Drunk During The Traffic Stop
One of my friends actually told me this and I didn’t believe him until I read the CRS. I’ll let you read the law and then I’ll decipher it:
C.R.S. 42-4-1301:(2) (a) It is a misdemeanor for any person to drive a motor vehicle or vehicle when the person’s BAC is 0.08 or more at the time of driving or within two hours after driving. During a trial, if the state’s evidence raises the issue, or if a defendant presents some credible evidence, that the defendant consumed alcohol between the time that the defendant stopped driving and the time that testing occurred, such issue shall be an affirmative defense, and the prosecution must establish beyond a reasonable doubt that the minimum 0.08 blood or breath alcohol content required in this paragraph (a) was reached as a result of alcohol consumed by the defendant before the defendant stopped driving.
So, if you are to bust out a flask and start chugging, while documenting it via video or other means, you’ve got the argument that all the alcohol was consumed after the vehicle stopped moving. I personally don’t recommend this one, but the language is all right there. Please note, you’ll also have to go through some steps to render the vehicle inoperable. That means you have to get rid of your keys. Throw them. Even that might not protect you. The courts could decide that by being in the vehicle, you were in “physical control”. The concept of “intent to drive” could come into play as well.
The argument wouldn’t be whether you were intoxicated before being pulled over, but more along the lines of whether you were still in control after consuming the alcohol during the stop, because you’re obviously intoxicated after hitting the flask nice and good. The prosecution’s argument would be along the lines of; the vehicle could easily be rendered operable by engaging the ignition. The driver was driving prior to the traffic stop and pulled over on the side of a public road in a manner that doesn’t resemble parking and was not on private property.
Good luck with this one, but it could work.
Note that I am not a lawyer and this is not legal advice. I’ve been made aware of these loopholes and thought I should share. This doesn’t mean go around driving shitfaced and feel protected. I do not encourage drun.k driving