Not surprisingly, BAC test results can be very persuasive to juries. People assume that the tests are carefully and scientifically conducted. On the contrary, there are often subtle deficiencies in the testing process which can debunk or cast serious doubt on the reliability of the results. For example, if proper protocols are not followed in drawing or storing a blood sample, BAC can be accidentally overstated. If this happens to you, your actual BAC was lower than what the government claims it was. As members of the National College of DUI Defense Lawyers, the attorneys at Hebets & McCallin understand how BAC testing can go wrong and will carefully assess the test results in your case, often obtaining a second opinion from an independent laboratory.
The possible penalties for DUI vary based on whether it is your first offense, second offense, or if you are charged with Felony DUI. Each DUI case is unique and usually contains a number of defenses to the charge. The benefits of hiring Hebets & McCallin to represent you on your DUI are extensive. Experienced attorneys will assess every aspect of your case, from your initial police contact all the way to the resolution of both your criminal case and your DMV case. Your attorney will conduct further investigation if necessary, file motions in court if necessary, appear with you in court and DMV hearings, conduct negotiations with the prosecutor on your behalf, and, if a favorable disposition cannot be reached pretrial, Hebets & McCallin will take your case to a jury trial. No matter what, you can count on attorneys who understand how difficult this DUI case is for you and your family and who will do everything in their power to ensure you receive the best defense to the charge.
We also handle BUI (boating under the influence), Underage drunk driving and DUID (driving under the influence of drugs) charges.
Field Sobriety Test Information
Standard Field Sobriety Tests, or SFSTs, were developed by the National Highway Transportation Safety Administration to attempt to create standardized testing to determine a likelihood that an individual had a BAC of .10%.
After researching multiple tests, NHTSA determined that three tests were reliable enough to warrant further use. These three standardized tests used in Colorado are:
- One leg stand
- Walk and turn
- Horizontal Gaze Nystagmus
Any other tests used are not standardized and therefore should not carry weight in court. Contact a Denver criminal attorney at Hebets and McCallin for more information about these tests.
The three SFSTs used in Colorado, while having a good ability to predict a BAC of .10%, are not foolproof. Many factors affect an individual’s ability to adequately perform SFSTs including but not limited to road conditions, weather conditions, physical disabilities, proper administration of the tests and other drugs or medications.
SFSTs are researched for alcohol only and are not validated for other drugs. It is very important that you have an experienced DUI attorney like those at Hebets and McCallin in Denver who are well versed in these maneuvers and can identify any potential issues with these roadsides affecting your case. Contact us immediately if you are facing DUI charges.
Getting SR22 Insurance
SR22 is something you may have heard of but actually know little about. It could even be that you are in a situation where you may need this type of car insurance but still don’t know enough about it to be certain about what it means and what you need. There are some common misunderstandings about SR22 insurance, so use this as a basic information guide to get started.
Here are some general things you should know about SR22 car insurance in order to get a better understanding:
- Contrary to popular belief, SR22 is not actually a type of insurance. It is a legal form that must be completed by an insurance agency in order to act as proof of financial responsibility. In other words, the form is used to guarantee that the driver has an auto insurance policy in place.
- A person may need to prove this for many reasons, but it commonly relates to having your license suspended or revoked, especially as a result of a violation such as driving under the influence. The SR22 form is part of what a driver must have completed and filed in order to try to get the driver’s license reinstated.
- On applying for insurance through the use of an SR22 form, a driver must still wait for approval from the DMV to get his or her driver’s license reinstated. Once this happens, a driver can drive legally but must keep the SR22 insurance policy current.
- An SR22 car insurance policy cannot be canceled with a lapse in policies. In other words, if you decide to choose a different carrier for your auto insurance, you should plan to have it overlap by a few days instead of having any time between the policies.
- SR22 car insurance policy providers are required to notify DMV officials if a driver allows his or her SR22 policy to end. If there is no proof of another policy in place, the driver can be in danger of losing his or her license again, as well as facing fines and other legal penalties.
- Generally, although not always, a driver who is ordered to get SR22 auto insurance is required to keep this type of policy coverage for a three-year minimum.
There are different reasons a person may need to get an SR22 insurance policy. The bottom line is that the driver must do so to prove he or she has insurance coverage in place in order to get his or her driver’s license reinstated or to prove financial responsibility to drive.
Some of the offenses that could cause a person to need this kind of coverage include:
- Probably the most common reason a person needs to get SR22 car insurance is as the result of a DUI or DWAI
- If a driver has too many traffic violations in too short a period of time, he or she may need this kind of coverage
- If a driver is caught driving without car insurance, especially in instances when the result is an at fault accident, SR22 insurance may be required.
- If a driver's license is suspended or revoked for any other reason, the state may insist on an SR22 to prove that appropriate insurance is in place.
Keep in mind also that not all states require drivers to carry SR22 insurance. However, if you live in a state where you are required to get an SR22 policy and move to a state that doesn’t require it, this doesn’t let you off the hook. Generally, you must retain your SR22 policy for the state you moved from in addition to having basic car insurance for your new state.
So what can you expect if you are required to get an SR22 car insurance policy? The first thing is that the cost or amount of coverage you are required to have is often based on the severity of your offense. For example, if you have had multiple DUI offenses, the state may require you to have more coverage in order to get your license back and drive legally on the road. This is because you are considered a high-risk driver based on the type of offenses and the number of offenses you have had.
A few other things to keep in mind for SR22 auto insurance:
- Although drivers generally only need an SR22 policy for three years, there are instances where you may need it longer. Again, this is often based on the severity of your offenses or the number of convictions on your record.
- If you do not own a car, you may still be able to get non-owner SR22 car insurance so you can get back your driving privileges.
- Do not allow gaps in your SR22 policy or you will have your license suspended or revoked again.