During traffic stops for suspected drunk driving, police often go through a battery of standardized field sobriety tests most people have either witnessed being performed on the side of the road, in the movies or have personally had to participate in. One of which is the horizontal gaze nystagmus, or simply the HGN test.
Imagine driving away from the bar - or the game, or anywhere you might have a drink or two - and seeing flashing lights in your rearview mirror. Would you be able to think critically and plan your best course of action? Or would you be like most people and panic, inadvertently doing or saying something that ended up hurting your case?
Just because you are arrested for DUI does not mean you are guilty. In fact, there are times when a person is falsely arrested. While some people fight to clear their name, others are under the impression that they have no rights.
Colorado, just the same as every other state in the nation, looks down upon driving under the influence of drugs or alcohol. There is never a good time for a person to drive under the influence, as this increases the chance of an accident. Even if the person is able to avoid an accident, he or she could get in trouble with the law, leading to a fine and possible license suspension among other penalties.
People in Colorado sometimes assume that they are in custody if they are pulled over by the police for operating a vehicle under the influence. However, this is not actually true. Rather than being in custody, you are simply considered to be "detained." So, what does this mean for your rights?
The National Transportation Safety Board recently made a sweeping recommendation that could potentially affect proceedings in cases of alleged drunk driving in Colorado and across the country. The board has recommended that all states lower their legal limit for drivers’ blood alcohol content, or BAC, to 0.05 percent – cutting the current limit by nearly half.