New drunk driving laws for 2014

[Irving]

You can flame me all you want but I don't know of too many cops who are randomly gonna stop you, get you out of the car, ask you to take a blood/breath test when it's obvious you haven't been drinking, and throw you in jail when you refuse the test.

Well there was Lisa Steed, but she has since been retired. http://www.huffingtonpost.com/2013/0...n_2740623.html

I think the ire is of the state giving a false label to people who don't follow the "rules." It's just like being labeled as a sex offender for urinating in public.

[Bailey Guns]

I understand your sex offender registration reference and I agree. But this is about the express consent law which has always required drivers to submit to chemical testing of their breath or blood if they drive a motor vehicle in the State of Colorado. If you get arrested for DUI you are required to submit to a test. If you refuse there are consequences.

BTW...in general it's been my experience that most cops despise making DUI arrests because it's a PITA. Many, many people who are probably legally impaired are let go during stops by officers who aren't truly experienced at recognizing the signs of impairment. The guy that's bouncing his car from guardrail to guardrail on opposite sides of the road is easy to spot. It's takes a skilled officer to recognize most people who are right at that .05 BAC level. I would say most of those people are never arrested.

Another thing to consider is lawyers are responsible for a DUI being so difficult to beat in court. They've pretty much used up every technicality in the book so as long as an officer does his job according to the law (which has constantly been revised due to clever attorneys) winning the DUI case is pretty easy. There are pretty much standard things an officer must do and then document during the stop, arrest and processing/handling of evidence and subsequently testify to in court. It the officer does those things...it's gonna be bad for the defendant.

[Irving]

It's bad for the defendant even when the officer doesn't do those things. DUI seems to be just as hard to beat socially, as it is legally.

[Bailey Guns]

Yeah...you're quite right. It put's people in a bad situation all the way around.

[NFATrustGuy]

I see a bunch of posters in this thread confusing the breathalyzer implied consent rule and roadside sobriety tests and/or searches. The 2014 change to the law applies to refusing a breathalyzer, NOT to refusing roadside sobriety tests. Refusing a breathalyzer has always had severe consequences for as long as I can remember in Colorado.

There are a host of reasons why most DUI attorneys tell their clients to refuse roadside sobriety tests. The officer is gathering evidence that WILL be used against you if an arrest is made. There are a bunch of reasons why a person who isn't legally intoxicated or impaired could fail a roadside sobriety test.

Bailey Guns posted a bunch of very accurate information. I'd listen to what he's got to say on the topic.

For the record: personally, I really despise drunk drivers. It's one of the most selfish and irresponsible acts I can think of. Seems like when a drunk causes an accident, the other guy who's just driving along minding his business winds up in the hospital and the drunk's biggest problem is a hangover and a bent fender.

RWW