Since Colorado legalized the recreational use of marijuana, much has been made of the potential dangers that drugged drivers can pose on the state’s roads and highways. As a result, law enforcement officer are trained to recognize the signs of intoxication caused by marijuana and other drugs. In fact, the Colorado Department of Transportation indicates that many Colorado law enforcement officers are trained Drug Recognition Experts, meaning that they have the ability to recognize the physical signs of drug impairment.
Unfortunately, aggressive enforcement of Colorado’s law that prohibits drugged driving can result in mistakes being made and innocent drivers being arrested. While roadside tests that test for the presence of alcohol in a person’s bloodstream are commonplace, similar devices that test for the presence of drugs have yet to be developed. As a result, people who are simply tired or have particular idiosyncrasies may be accused of being under the influence of drugs even when they are sober. If this happens to you, you should contact an experienced attorney as soon as possible.
According to an investigation conducted by Fox 31 Denver, a security guard that works at a construction site was arrested by a Colorado State Trooper under suspicion of driving under the influence of drugs (DUID) after he was accused of being drunk and submitting to a breathalyzer test that indicated a blood alcohol content (BAC) of 0.00. The security guard, Gary Kozloff, was then transported to a hospital where he underwent additional sobriety tests, blood screenings, and other exams. After the hospital, the state trooper drove him to see a Drug Recognition Expert who advised the trooper that Kozloff should be allowed to drive home.
In this case, Kozloff was released for a lack of evidence supporting the officer’s assertion that he was intoxicated. Sometimes, however, an overzealous law enforcement officer or prosecutor may try and bring a case against a person simply based on an officer’s subjective opinion that a driver was intoxicated. When this occurs, it is absolutely essential for a falsely accused driver to retain legal counsel as soon as possible. A lawyer will be able to expose the weaknesses in the state’s case and may even be able to have the allegations dropped. In addition, a person who is arrested without probable cause may be able to assert a civil claim against the law enforcement agency that arrested him or her.
Law enforcement officers are on the lookout for drunk or drugged drivers, and aggressive enforcement techniques can result in innocent people being accused of serious crimes. Individuals who have been falsely arrested for driving under the influence should contact us. The Denver DUI defense lawyers of the Tiftickjian Law Firm are dedicated to helping people who have been accused of crimes defend their legal rights. To schedule a free consultation with one of our lawyers, please call our office today at 303-DUI-5280. If you would prefer to send us an email, please fill out and submit our online contact form available here.
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