You would think it would never happen. You've been pulled over by the police. You KNOW that you are sober. You agree to perform some roadside sobriety maneuvers and, not surprisingly, the officer doesn’t believe your description of only having consumed one glass of wine with dinner some several hours ago and finds that you haven’t completed the sobriety maneuvers to their satisfaction. As a Denver DUI lawyer, I see this fact pattern every day.
A slightly less common situation is the one presented in this news story from Austin
. The suspected drunk driver was arrested after the above facts, was taken to the police station, and submitted to a breath alcohol test. This test revealed precisely ZERO alcohol in his system. Here, the police have strong evidence to suggest that he was completely sober. At this point, you would think they would release this gentleman but you would be wrong. The suspect even suggests that the police take a sample of his blood for testing which would further suggest his innocence. His blood was drawn and later found to contain neither alcohol nor drugs. Even after taking his blood, the police locked him up for two days…presumably until the court ordered him released.
I have seen similar fact patterns in Denver DUI cases. Eventually, these cases are dismissed but not without a great deal of work. Police and District Attorneys are not in the business of simply dismissing cases. If you find yourself accused of drunk driving, please speak with a Denver DUI lawyer before making any statements to law enforcement of the prosecution.