Legal Question in DUI Law in Colorado

DWAI in larimer County
larimer county, CO

i was stopped for ''weaving''

i was answering my cell phone. (my husband was curious when i was coming home)

i was field tested (many types) passed all. officer still submitted me to a breath test in field =.071 i was cuffed and booked. then retested .055 in station. i was not ever mirandized. i have an extremely clean record.

i was charged w/ dwai.

$10 was taken to cover bail (not asked just taken from purse)

i was released PR to my husband.

can i get this thrown out: pretrial diversion? prosecutor to not press charges? what are my options. do you have any sugestions?

thank you in advance.

Asked on 9/19/04, 2:02 am

2 Answers from Attorneys

Jason Savela The Savela Law Firm, PC

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Re: DWAI in larimer County

At this number, the DA can possibly convict you of DWAI. They may offer you a reckless at pretrial. With clean record, I suggest that you consider trying the case.

Weaving is only a crime and probable cause to stop if there is more than one occurance and you actually cross the line to the other side. The field sobriety tests are designed for you to fail. The breath test at the scene is not admissible in court. A relatively low test of .055 only provides some evidence that you were intoxicated to the slightest degree, but there are many arguments that you were not. The DA must prove the case beyond a reasonable doubt and based on your statements, I do not think he/she can.

Answered on 9/20/04, 2:29 pm

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