Legal Question in DUI Law in Colorado

Probably not. The DA can still proceed to try to get a conviction based upon the other evidence they have.

You might, however, have grounds to file a motion to dismiss based upon the incorrect identification. Your name is generally one of the things the cops have to get correct. If your name is correct on the summons, you're most likely out of luck.

The DUI statute provides two possible ways to be convicted of DUI. One is based on the chemical test. The other is based on the officers observations. If you refused the chemical test then you should have only been charged with the other DUI offense. The fact that you refused to do the roadsides does decrease the amount of evidence they have to use against you. However, the office can testify to things such as: The suspect was pulled over for ..., had an odor of alcohol on his/.her breath, bloodshot watery eyes, slurred speech, unsteady on feet, etc. You should contact an attorney for a free consult. Damon Cassens, the first attorney to respond to your questions is a great DUI attorney.