Early Tuesday morning, Detroit Lion wide receiver Nate Burleson, hit a highway median when he got distracted reaching for a slice of pizza. Burleson lost control of his SUV and broke his arm in two places as a result of the accident. He has undergone surgery and hopes to be back on the field by November. Fortunately, no one else was hurt in the accident. According to state police, there was no alcohol involved. Police did not request any testing because there was no indication of impairment.
In Colorado, there is a specific case that tells police that an accident alone is not enough to believe a person has committed a DUI. The case requires other signs of impairment in addition to the accident. Examples of additional signs of impairment are slurred speech, bloodshot watery eyes, and poor performance on roadside maneuvers. Without something more than an accident, police do not have the authority to even ask a driver for blood or breath test.
The best DUI attorneys know both the statutory law, the laws enacted by the state legislature, and case law, laws that come about as a result of decisions issued by the courts. The laws that control the potential penalties for a DUI or DWAI are statutory laws. The laws like the one mentioned above come from the courts reviewing specific facts of a case and making decisions based on those facts.