He flew in from Texas early in the morning, saving hotel costs for a small business.  After dinner, he headed to the hotel and was very tired in a strange land.  Driving slowly, tentatively, he turned onto a road towards his bed.  A Colorado State Patrol did not like something he did, saying he did not come to a complete stop at the sign.  He disagrees, but . . . .

Being from out of town, he does not know what to do when accused of DUI and innocent.  I say, “refuse everything at the roadside, agree to take the blood test (or breath if you hate needles).”

He refused everything.  The Trooper arrested him for DUI and brought him to Detox.  Once he dropped him off, the Trooper left. 

Upon entry to Detox, they gave him 2 breath tests a few minutes apart.  Both came up at 0.000 BAC.  This was less than 2 hours from driving.  The legal limit is 0.050.  The human body does not eliminate alcohol faster than 0.020 BAC per hour.  Therefore, when he was driving, he was no more than 0.040 BAC, well under the limit.

Two keys to this case: 

  1. The Trooper testified that he had no reason to suspect any drugs.
  2. The client kept the 2 receipts from Detox showing the BAC (there are no records at Detox if a person is not admitted, and they are not admitted if not intoxicated).