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Admission of Evidence of DUI in Colorado

To be convicted of driving under the influence [“DUI”] or driving while ability impaired [“DWAI”] the prosecution must prove beyond all of the elements of the specific crime beyond a reasonable doubt. This is likely to be completed by presenting evidence at trial, that was collected at the time of the individual’s arrest, such has the results of chemical tests.

If an individual refuses to comply with instructions by law enforcement to complete a test, that refusal will be admissible as evidence at trial. Although, it is not definitive evidence that an individual consumed an illegal amount of drugs or alcohol, a jury may see a refusal as an attempt by an individual to hide something.

If law enforcement has an individual take a chemical test of his breath, urine, or blood the results will be admissible unless “the extent of noncompliance with a board of health rule has so impaired the validity and reliability of the testing method and the test results as to render the evidence inadmissible.” In addition, if law enforcement believes the person taking the sample is authorized that person shall be considered authorized.


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