Ault, CO DUI and DWAI Law Firms & Lawyers

If the court determines that there was no probable cause to stop, all the evidence seized-including the BAC- would be suppressed for trial. You would be required to file a motion to suppress prior to the trial.

There are several reasons why the case had not yet been filed. The arresting agency may not have provided the DA's office with the necessary arrest report so that a filing decision could be make, there may not be toxicology results available, or the arresting agency's report could have been deficient in some way. it would be best to ask your attorney why the case had not yet been filed because they were in court and spoke with the DA directly.

Your son made a big mistake. It is ok to refuse to do the field sobriety test, but the BAC is different. Your son can refuse the BAC, HOWEVER, if by doing so, the Department of Licensing WILL suspend his license for a minimum of 1 year, with no right to and occupational license. After one year suspension, DOL will want proof of alcohol treatment, and will probably want him to have high risk SR 22 insurance. This is even if your son is found NOT GUILTY or the DUI charge is dismissed. The fact that your son refused to submit to the BAC can also be used as evidence against him in a trial... that his refusal was because he knew he would not pass. There may also be sufficient evidence, without the BAC to allow the case to go forward.... observed driving. Also, a lot of police now have dashboard cameras in their vehicles that record the stop and the driving. Did these exist in your son's case. I would say, your son has created a lot of problems for himself. You may want to retain the services of an attorney. A DUI may also pose problems for him with his CO.