Sober Driver Cleared of DUI After Being Charged When Deputy Hit Her Car
A Milwaukee woman was charged and arrested for a DUI despite the fact that a sheriff’s deputy actually rolled through a stop sign and hit her car. When the deputy contacted the driver, she admitted to having a couple sips of a friend’s drink. The deputy asked why her eyes were bloodshot and watery. The driver told the deputy she had been crying. The driver was injured so badly that she was not able to perform roadside maneuvers, but, fortunately for her, she did agree to take a blood test to determine whether there was alcohol or drugs in her system. Test results showed that the driver had no alcohol or drugs in her system and video showed that the deputy actually caused the accident. The driver has filed a complaint against the deputy, asserting that the deputy arrested and charged her with DUI in an attempt to protect himself.
DUI Lesson Learned? Advantages to Submitting to a Chemical Test
Many people wonder whether it is a good idea to agree to take a test during a DUI investigation. This is a complicated question and greatly depends on the facts and circumstances of each person’s situation. However, it is certainly advantageous to agree to a chemical test if you have not been drinking. If you have not been drinking, then the test results will prove your innocence. In Colorado, if you refuse the test, the assumption is that you refused the test because you were drunk. In fact, if your DUI case goes to trial, the jury will even receive a jury instruction that tells them that they may use the fact that you refused against you.
Having a test result is advantageous if the results show that your BAC level is below the legal limits (0.05 for DWAI and 0.08 for DUI). Test results can be particularly harmful if the BAC level is greater than a 0.20 because once the BAC level is 0.20 or greater, the minimum mandatory sentence increases. On the other hand, DMV treats people with slightly more leniency if a person takes a test, regardless of the results. If a person refuses the test, the DMV will revoke the driving privilege for a minimum mandatory 60 days before the driver can apply for early reinstatement. By comparison, if a person takes a test, the mandatory revocation period is only 30 days before the driver is eligible for early reinstatement.