A man who called the police to report that he had backed over a pedestrian behind his car was arrested on suspicion of DUI recently. The Colorado Springs Police arrested the 47-year-old suspect for drunk driving after responding to his call. He reportedly was driving down the side of a poorly lit residence to a parking area when he allegedly backed over the victim. Police report that he apparently knew the victim.
Police also indicated that both the driver and pedestrian were using alcohol. It also has been reported that the victim is suffering from serious life-threatening injuries at a hospital. The driver is being held in the El Paso County prison in lieu of bail.
The police have not revealed what they observed at the scene or what tests they performed to support a DUI arrest. There are blood alcohol tests and field sobriety tests that are generally taken prior to making an arrest. Such tests and their results, if any, must be carefully reviewed by the defendant’s criminal defense counsel to determine whether a DUI defense may be viable. If there is no defense and if it is determined that the police have sufficient evidence to convict, counsel will attempt to negotiate the best plea agreement under the circumstances.
Penalties for drunk driving in Colorado depend on how many prior offenses the suspect has incurred in the past, and other factors such as how much alcohol is found in his bloodstream. At this point, speculation on a DUI defense is premature as those facts are unknown. Although the driver was arrested for suspicion of DUI, it does not appear that the Colorado Springs police are charging him with any offenses related to hitting the pedestrian. However, that may be a premature conclusion because the authorities indicated that their investigation is ongoing. Inflicting serious bodily harm while drunk driving usually also enhances the seriousness of the crime and the extent of the punishment.
