{"id":803022,"date":"2020-01-13T16:41:00","date_gmt":"2020-01-13T23:41:00","guid":{"rendered":"https:\/\/www.summitdaily.com\/?p=377278"},"modified":"2020-01-14T11:07:59","modified_gmt":"2020-01-14T18:07:59","slug":"anatomy-of-a-dui-what-happens-when-you-get-pulled-over","status":"publish","type":"post","link":"https:\/\/alwaysmountaintime.com\/ksmt\/local-news\/anatomy-of-a-dui-what-happens-when-you-get-pulled-over\/","title":{"rendered":"Anatomy of a DUI: What happens when you get pulled over?"},"content":{"rendered":"
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A volunteer demonstrates a field sobriety test with Summit County Sheriff’s Office Sgt. Mark Gafari during a simulated DUI traffic stop Jan. 8 in Breckenridge.<\/strong>
Liz Copan \/ ecopan@summitdaily.com<\/em><\/figcaption><\/div>\n<\/figure>\n

FRISCO \u2014 A traveler being pulled over for driving under the influence is common in Summit County.<\/p>\n

The Fifth Judicial District \u2014 composed of Summit, Lake, Eagle and Clear Creek counties and nestled among a number of other trouble areas in northwest Colorado \u2014 reports the second highest rate of DUIs per capita in the state.<\/p>\n

The underlying causes of the area\u2019s problem are varied and inflated by tourists flocking to the county during high seasons in winter and summer along with a culture of heavy substance use among visitors and residents.<\/p>\n

Punishments for getting behind the wheel while impaired can also be wide ranging, including losing your driver\u2019s license, hefty fines and even significant jail time in more serious cases. But according to officials, many community members don\u2019t fully understand the potential consequences of a DUI offense or what to expect when they first see the flashing lights in their rearview mirror.<\/p>\n

The idea of getting pulled over is never a fun prospect, and while sober drivers are more likely to leave the interaction with an officer\u2019s business card than a ticket, anyone exhibiting clear signs of intoxication could be in for a long night.<\/p>\n

\u201cThe biggest thing is that we consider a totality of the circumstances,\u201d said Summit County Sheriff\u2019s Office Sgt. Mark Gafari, who allowed the Summit Daily News to participate in a ride-along earlier this month to get a first-hand look at how law enforcement agents patrol the area and what they\u2019re looking for in regard to impaired drivers.<\/p>\n

\u201cAlcohol can affect people very differently,\u201d Gafari said. \u201cIt depends on if they ate, how much, are they used to drinking and a number of other factors. For us, it comes down to the driving actions and our personal observations. But we also have to remember that someone could be driving poorly because they\u2019re lost, or they could be having a medical episode or something else. Our job is to go and have a polite conversation and check what\u2019s going on.\u201d<\/p>\n

Getting pulled over<\/strong><\/p>\n

Gafari said impaired driving arrests are largely based around three factors. The first is called \u201cvehicle in motion\u201d observations, or the reason a traffic stop was initiated in the first place, such as a driver weaving on the roadway, driving at unusually slow or fast speeds, or exhibiting delayed or strange reactions like stopping at a green light among other possible reasons.<\/p>\n

The second factor is observations during the \u201cpersonal contact\u201d phase, in which an officer will try to determine if the abnormal driving behavior may be related to substance use, such as a strong smell of alcohol, slurred speech, trouble understanding an officer\u2019s questions, slow reactions when handing over paperwork and more.<\/p>\n

\n
\n
A volunteer, from left, demonstrates a field sobriety test with Summit County Sheriff\u2019s Office Sgt. Mark Gafari and deputy Steve Maes during a simulated DUI traffic stop Jan. 8 in Breckenridge.<\/strong>
Liz Copan \/ ecopan@summitdaily.com<\/a><\/em><\/figcaption><\/div>\n<\/figure>\n<\/div>\n

If an officer feels inebriation might be a contributor to the strange driving behavior, the driver will be asked to complete a standard field sobriety test \u2014 three roadside maneuvers that have been scientifically validated to obtain indicators of impairment based on International Association of Chiefs of Police and National Highway Traffic Safety Administration standards.<\/p>\n

The tests include looking for a horizontal gaze nystagmus (involuntary jerking of the eyes), a walk and turn, and one-leg stand.<\/p>\n

\u201cWe try to do all we can to consider everything that might be going on and give them a chance and have a conversation with them,\u201d Gafari said. \u201cBecause there may be things I don\u2019t know, and it\u2019s important for us to be human about it and explain the reason for the stop and why we\u2019re doing what we\u2019re doing.<\/p>\n

\u201cBut if I think you may be unsafe to operate a motor vehicle, I may want to check, and the voluntary roadside maneuver is the best way to do that. That totality \u2014 including the driving behavior and our interaction \u2014 will come together to determine if you\u2019re placed into custody for suspicion of DUI or not.\u201d<\/p>\n

\n
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Summit County Sheriff\u2019s Office Sgt. Mark Gafari, from left, and deputy Steve Maes simulate arresting a volunteer who demonstrated a field sobriety test Jan. 8 in Breckenridge.<\/strong>
Liz Copan \/ ecopan@summitdaily.com<\/a><\/em><\/figcaption><\/div>\n<\/figure>\n<\/div>\n

After an arrest<\/strong><\/p>\n

If the driver is taken into custody, they\u2019ll be asked to submit to their choice of a chemical blood or breath test under the state\u2019s express consent law. In Colorado, and the rest of the nation, drivers give consent to be tested when they\u2019re applying for their driver\u2019s license. If substances other than alcohol are suspected, the test has to be a blood test. Blood tests are performed by medical professionals, who typically take two samples to be sent to the Colorado Bureau of Investigation and an independent lab of the suspect\u2019s choosing for analysis. <\/p>\n

\u201cWhen you sign on the dotted line on the application for a driver\u2019s license, you\u2019re consenting, when reasonably requested, to give a blood or breath test,\u201d Fifth Judicial District Attorney Bruce Brown said. \u201cThey can\u2019t just pull you over for speeding and ask for a test. They have to have a reasonable suspicion that you were driving under the influence.\u201d<\/p>\n

Drivers can refuse to submit to a test, though that triggers an automatic yearlong suspension of their driving privileges by the Colorado Department of Revenue.<\/p>\n

\n
\n
Summit County Sheriff\u2019s Office Sgt. Mark Gafari during a ride-along earlier this month with the Summit Daily News.<\/strong>
Sawyer D\u2019Argonne \/ sdargonne@summitdaily.com<\/a><\/em><\/figcaption><\/div>\n<\/figure>\n<\/div>\n

Beyond criminal charges, driving under the influence cases also can include a substantial administrative process at the Department of Revenue\u2019s Division of Motor Vehicles. For example, if a breath or blood test returns a blood alcohol content of 0.08 or above \u2014 the national threshold for DUI offenses \u2014 the DMV automatically will revoke that individual\u2019s right to drive for 9-24 months depending on whether they\u2019re a repeat offender.<\/p>\n

A driver can have their driving privileges reinstated earlier in most cases, even as soon as one month \u2014 or two months if they refused a blood or breath test \u2014 though that typically involves agreeing to install an interlock device in their car, essentially a \u201cblow-and-go\u201d breathalyzer that prevents the car from starting if any alcohol is detected.<\/p>\n

\u201cIt\u2019s understandable people get lost in that quagmire because it seems like the court is the place to address this,\u201d said Summit County Judge Edward Casias, who handles a majority of the county\u2019s DUI cases. \u201cThat\u2019s purely an administrative process, and the court has nothing to do with it. I can\u2019t order the DMV to let someone drive.\u201d<\/p>\n

After an arrest, offenders will typically be booked into the jail, fingerprinted, photographed, released on bond \u2014 usually about $1,000 on a first offense \u2014 and are either issued a summons to return to court or appear before a judge. After the first advisement, there\u2019s usually a period between hearings so the alleged offender can review their police reports, properly understand their charges, consult with an attorney and determine what path to take \u2014 whether it\u2019s pleading guilty, preparing a defense or providing new information to the District Attorney\u2019s Office.<\/p>\n

Going to court<\/strong><\/p>\n

According to Brown, first-time DUI offenders frequently negotiate a settlement to a less severe charge of driving while ability impaired (DWAI), and a huge majority of offenders end up pleading guilty.<\/p>\n

\u201cOver 90% of people who are charged with driving under the influence end up pleading guilty,\u201d Brown said. \u201cAbout 5% of those cases are dismissed or reduced to a charge less than a DWAI, and 5% or less would go to trial. That\u2019s based on a nationwide statistical analysis, and we\u2019ve done them here, and we are pretty consistent.\u201d<\/p>\n

According to the 2019 Driving Under the Influence of Drugs and Alcohol report prepared by the Colorado Division of Criminal Justice, suspects were found guilty in more than 81% of DUI cases in 2017 statewide, and cases were dismissed in 9.7% of cases.<\/p>\n

Driving under the influence charges are typically misdemeanor offenses, but can rise to the level of a felony for individuals with three prior convictions. By Colorado statute, the possible penalties for a DUI offense typically include five days to a year in jail (not mandatory), a $600-$1,000 fine, 48-96 hours of useful public service, an alcohol evaluation, DUI classes and treatment, and the likely suspension of the driver\u2019s license along with court fees. Penalties for a DWAI are somewhat less severe, including a potential two to 180 days in jail, a $200-$500 fine, 24-48 hours of useful public service, an alcohol evaluation, classes, court costs and eight points off the driver\u2019s license.<\/p>\n

Casias said individuals with aggravating factors in their cases, such as a high blood alcohol content, also could get supervised probation as part of their sentence, which requires an additional $600 supervision fee per year. Casias also noted that he\u2019ll almost always include at least a small jail sentence for anyone who comes in with a blood alcohol content higher than 0.159.<\/p>\n

\u201cIt\u2019s more than twice the legal limit and over three times the limit for a DWAI,\u201d Casias said. \u201cThat indicates the person definitely should have felt it and should have known they were too drunk to get behind the wheel. So they\u2019re going to do a weekend in jail.\u201d<\/p>\n

But offenders typically end up paying more than just fines, and the costs can add up. With court costs and required treatment classes alone \u2014 not factoring in potential costs of an interlock device, attorney fees, rising insurance costs or any loss of wages \u2014 a first-time DWAI offender will end up paying about $1,971, according to Casias. For a first-time DUI offender, the price tag goes up to about $2,560. These numbers assume the lowest level education and treatment course, which requires 21 weeks of treatment and 12 weeks of education courses at $35 a session.<\/p>\n

Brown said driver\u2019s can receive some form of DUI charge even if their blood alcohol content doesn\u2019t reach the presumptive limits for a DUI (0.08) or DWAI (0.05), but said it\u2019s fairly rare.<\/p>\n

The punishments get more severe for reoffenders, though Brown said sentences for first-time offenders are designed to send a message and hopefully push that individual into making better decisions in the future or seeking out substance use treatment, if necessary.<\/p>\n

\u201cIf you go out and talk to your friends or co-workers, many people have suffered a DUI,\u201d Brown said. \u201cSo the fact that someone is convicted doesn\u2019t become a moral judgment but an indicator that they might have a substance abuse problem. The primary purpose is to make sure that they get an opportunity to recognize the danger involved, to understand their relationship with alcohol and that they may have behavior that needs to be changed.\u201d<\/p>\n

Attending classes<\/strong><\/p>\n

To that end, every offender is asked to complete an alcohol and drug education course or, in more severe cases, months of education courses and treatment programs.<\/p>\n

For individuals in treatment, sessions are largely based around removing the shame around the offense, increasing awareness and responsibility, and better understanding the circumstances behind the offense.<\/p>\n

\u201cI think it\u2019s really important that people understand that this can happen to anybody,\u201d said Andrea Brown, a substance use counselor at Alpine Springs Counseling, who teaches courses out of Breckenridge. \u201cI\u2019ve had first responders, attorneys and everyone else. But this treatment is absolutely, though frustrating, essential. It can help people make better decisions and take the shame out of the equation. It\u2019s also important that people know they\u2019ll be treated respectfully when they come into one of our groups.\u201d<\/p>\n

While the education groups are fairly structured, with an actual curriculum mandated by the state, Andrea Brown said counseling sessions are much more flexible allowing participants to push the conversation in the direction most useful to them, whether that means discussions around what is contributing to the area\u2019s problems, overcoming triggers or other topics.<\/p>\n

According to Andrea Brown, the classes often pay dividends for participants.<\/p>\n

\u201cI\u2019ve only seen a couple of instances where people have come back into the system,\u201d she said. \u201cThat doesn\u2019t mean it\u2019s perfect, but it does mean the average person has learned something, even if it\u2019s just that they can download Uber. I think what we\u2019re seeing is that it\u2019s not just teaching them about sobriety. We\u2019re not here to make you feel bad about drinking but rather looking at where your drinking leads to poor decision making that resulted in getting in a car. We\u2019re looking at how we can have a more healthy awareness of how to care for ourselves and other people. I do think these groups help dramatically.\u201d<\/p>\n

via:: Summit Daily<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

A volunteer demonstrates a field sobriety test with Summit County Sheriff’s Office Sgt. Mark Gafari during a simulated DUI traffic stop Jan. 8 in Breckenridge.Liz Copan \/ ecopan@summitdaily.com FRISCO \u2014 A traveler being pulled over for driving under the influence is common in Summit County. The Fifth Judicial District \u2014 composed of Summit, Lake, Eagle and […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[99],"tags":[],"class_list":{"0":"post-803022","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-local-news"},"acf":[],"publishpress_future_action":{"enabled":false,"date":"2026-07-06 05:09:10","action":"change-status","newStatus":"draft","terms":[],"taxonomy":"category","extraData":[]},"publishpress_future_workflow_manual_trigger":{"enabledWorkflows":[]},"distributor_meta":false,"distributor_terms":false,"distributor_media":false,"distributor_original_site_name":"KSMT The Mountain","distributor_original_site_url":"https:\/\/alwaysmountaintime.com\/ksmt","push-errors":false,"_links":{"self":[{"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/posts\/803022","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/comments?post=803022"}],"version-history":[{"count":1,"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/posts\/803022\/revisions"}],"predecessor-version":[{"id":803045,"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/posts\/803022\/revisions\/803045"}],"wp:attachment":[{"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/media?parent=803022"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/categories?post=803022"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/tags?post=803022"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}