Designated Driver/DUI

[Tower guy]

My question involves criminal law for the state of: Colorado
I'm not one for filler words so I will lay this down as easily as possible....
Lakewood Colorado, designated driver, two passengers completely inebriated, traveling to the next bar during a sports game event, crash ensued, field sobriety test requested and I requested blood and/or chemical analysis in the local hospital, one hour in the ER with the custody of the arresting officer and no one came to take analysis, released in 1.5 hours without analysis. DA wants ME to plea down...????

[PayrolGuy]

Get a lawyer.

Without knowing what evidence they have (what the cop is going to say and the video, if any, shows) it is impossible to give you good advice other than to hire a lawyer and don't talk to the DA without one.

What are they wanting you to plea down from and to?

[flyingron]

If you're charged, you need an attorney.

The point of a designated driver is that you not drink, not that you just are less intoxicated than the others in the party. It would depend on the results of the various chemical tests, but know that there really isn't any such thing as a "legal" limit. .08 is just the point when you are assumed to be intoxicated. You can be convicted at less if there are other signs of intoxication, including the crash, the FSTs , etc...

There's no way for us to tell you anything because we weren't there and we can't see the evidence.

[pg1067]

I'm not one for filler words so I will lay this down as easily as possible....

That this sentence exists proves its falsity.

two passengers completely inebriated, traveling to the next bar during a sports game event

Not sure it's relevant, but what does "traveling to the next bar" mean? Also, are you the driver or one of the passengers?

crash ensued, field sobriety test requested and I requested blood and/or chemical analysis in the local hospital, one hour in the ER with the custody of the arresting officer and no one came to take analysis, released in 1.5 hours without analysis. DA wants ME to plea down...?

Ummm...there's no question here. Did you have a question for us?

[Tower guy]

I was in fact the driver. Due to the simple fact of the smell of alcohol in the vehicle due to the passengers I was requested to submit a field sobriety test and in the conditions of slick roads, steep grade on the street and drizzling rain I requested promptly that I be taken to the nearest hospital for chemical analysis. The attending officer sat with me for nearly an hour and no test had been administered due to the huge influx of accidents in the recent time and vicinity as well as the fact I had no apparent injuries the ER people had no need to attend to me including the necessary analysis as requested by myself and the officer yet I was charged with DUI regardless. My saving grace will no doubt be the video/audio as it will show a very coherent person only in a slight state of shock in total loss of vehicle etc... I feel as if at this point I HAVE TO PROVE MY INNOCENCE and the burden of prove has been shifted upon my shoulders. I do have an AT. I'm a little frustrated to say the least.
BTW... I had read accounts of officers making statements regarding an individuals level of intoxication in the absence of a factual chemical analysis, so if this were the case then explain to me why not the officer didn't stay and make sure to secure the facts? That's extremely wishy washy IMO....

[adjusterjack]

I was requested to submit a field sobriety test

Did you pass it? Were you breathalyzed? Results?

Did you indulge in even the slightest amount of alcohol? You've managed to avoid that question.

I feel as if at this point I HAVE TO PROVE MY INNOCENCE and the burden of prove has been shifted upon my shoulders.

That's right. Once the prosecution makes a prima facie case that you were under the influence it's your turn to prove that you weren't.

I do have an AT

Then rely on your AT.

[Tower guy]

The attending officer sat with me for nearly an hour and no test had been administered.
...not dodging the question, I stated clearly.
If I had indulged then I wouldn’t have requested a chemical analysis from the hospital. No analysis taken therefore no test results exist.

[flyingron]

Not having a chemical test makes the state's case harder to prove, but they still can win based on presenting the evidence on the scene: the officer's observations of you, the smell on you (believe me, he knows enough to smell your breath independently of your drunken friends, and the FST results). Everybody thinks they passed the FSTs, they usually have not. You haven't stated (despite people asking) that you had not drunk at all, so I assume you did. The fact that the weather was poor doesn't mitigate either the accident or the supposition that your driving may have been impaired. You're expected to moderate your speed and take due care in such conditions.

Understand, that there's no obligation for the state to perform a chemical test. As I pointed out, even if they did, unless it showed NO ALCOHOL AT ALL in your system, they can still get a conviction. There's no legal limit.

The fact that you were drinking colors your ability to relate exactly happened and you don't know what evidence the state is going to present against you.

You need to listen to your attorney.

[Harold99]

My question involves criminal law for the state of: Colorado
I'm not one for filler words so I will lay this down as easily as possible....
Lakewood Colorado, designated driver, two passengers completely inebriated, traveling to the next bar during a sports game event, crash ensued, field sobriety test requested and I requested blood and/or chemical analysis in the local hospital, one hour in the ER with the custody of the arresting officer and no one came to take analysis, released in 1.5 hours without analysis. DA wants ME to plea down...????

If you refused the field sobriety test and requested a blood test instead, which is what I'd do in a case like that, it is a very smart move on your part. FST's are nearly always failed so the officer can breathalyzer you on his faulty breathalyzer.

One beer on your breath is not enough to prove anything. If you were in the officer's custody for two hours he likely saw that you were not drunk which is likely why they did not blood test you. Getting in an accident does not prove intoxication either. The fact that they are ready to plea down so early on shows they don't have much of a case against you.

You can pay $5K for a lawyer or you can wait for them to show their intentions with your case. I would wait for them to drop the charges and don't take the plea...not unless a good lawyer told you to.

[pg1067]

I feel as if at this point I HAVE TO PROVE MY INNOCENCE and the burden of prove has been shifted upon my shoulders.

Fell however you like, but this is contrary to how the law works.

explain to me why not the officer didn't stay and make sure to secure the facts

No one here has the slightest idea why the officer did or didn't do something. If you've been charged with a crime, you need a defense attorney (not sure if that's what "I have an AT" means), and I suggest you stop posting about your case on a public message board.