Blood Draws | Denver Criminal Defense Attorney

Under Colorado’s expressed consent law, you have the right to demand a blood test if you are suspected of driving drunk.  You absolutely have the right to refuse to provide a sample of your breath or blood. 

In certain limited situations, the police may obtain a sample of your blood without your consent and may even physically restrain you for these purposes: 

  • If you are a suspect  in a criminally negligent homicide, vehicular homicide, assault in the third degree or vehicular assault. 
  • If the officer obtains a search warrant by articulating probable cause to a judge.  This is treated exactly like a search warrant for a home, except that now the enclosed space to be searched is your body.

Search & Seizure | Denver Criminal Defense Attorney

Everyone knows that they have Constitutional rights.  Not everyone knows what rights they actually do have.  Even fewer know how to identify a violation of their rights.

The 4th Amendment to United States Constitution guarantees:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Similarly, Section 7 of the Constitution of the State of Colorado promises:

The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures; and no warrant to search any place or seize any person or things shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing.

These assurances from the Government do not always mean that your rights are protected.  You need aggressive legal representation to ensure that your Constitutional rights have not been violated.

As a prosecutor, I drafted hundreds of search and arrest warrants.  I instructed new prosecutors on the fine points to drafting these documents and often reviewed warrants drafted by my peers before they were presented to a judge.  I have specialized training and the unique experience to recognize a violation.

Information Center:

What is a warrant?

Who writes a warrant?

How do you challenge a warrant?

What are common mistakes found in warrants?

Put my experience to work for you! | Denver Criminal Defense Attorney

As a prosecutor, I handled many vehicular crimes.  In fact, the District Attorney asked me to be part of a Vehicular Crimes section where I handled only the most serious of offenses.  I was often asked to speak to rooms of prosecutors and police officers on the law, proper investigative methods and techniques and best practices for trial.  I spent a considerable amount of time developing procedures for law enforcement which are still followed and emulated by other agencies.

Almost nightly, I was contacted by police officers who were conducting drunk driving investigations.  And on more occasions than I care to recall, I was called out to the scene of fatality crashes where alcohol was believed to be a cause.  I organized and directed investigators in their pursuit of evidence, assisted officers with crash reconstruction, presented witnesses and cases to grand juries, subpoenaed hard to find evidence, and obtained convictions and long prison terms on each case.  For my efforts, I received numerous awards from Mothers Against Drunk Driving.

My experience and skill placed me in a position where other prosecutors asked for my help on cases with faulty investigations.  These cases were often reassigned to me, and it was my job to completely review the case, then identify and remedy problems.

Only a few attorneys will have this experience.  When choosing the person you want to defend against your charge, ask questions.  Have they been on the side of the road while field sobriety tests are administered?  Will they recognize when evidence collected at the scene is not properly preserved?  Do they know the tough questions to ask, or will they follow the same script that other attorneys use, which is full of questions that the police are ready for.

As a prosecutor I faced many attorneys who claimed to be experts in drunk driving defense.  Not one of them had my roadside experience and most missed the important issues.  Don’t let this happen to you.  Contact me today!