Well, Eric Dexheimer, on the Statesman’s Focal Point blog, actually asks the question “Do prosecutors walk the walk with DWI breath tests?”. The answer, of course, is usually a resounding “Hell No!” but a more interesting question is – if you believe me that the answer is “No”- then “Why Not?”

Could it be that as lawyers intimately involved in the criminal justice system, that they know their rights, and when to exercise them?

  • We advise blood tests in Colorado.

  • I just had this discussion with an out of county District Attorney. He was irritated that my client had refused the breath test. I told him, “Well, prosecutors and judges don’t ever blow in the thing either.” Even locally, I can think of two county prosecutors who were arrested for DWI. One gave a breath test and was fired. The other one refused, was later promoted, and it still working there. Actions speak louder than words, eh?

  • Remember there are penalties for DWLI as well.