International Student is Arrested for DUI in Colorado After Refusing Breathalyzer

VAIL, CO - At 12:40AM on January 13th, 2020, a driver was pulled over by a Vail Police Officer for swerving and improperly engaging his turn signal. The officer discovered that the suspect was an international student from Argentina and in Vail while on winter break. After verifying the suspect's information, he was asked to step out of the vehicle for further questioning. During the investigation, the suspect admitted to drinking five alcoholic beverages throughout the night between friend's houses and local nightclubs and also to giving his 19-year-old brother his identification such that he would be able to buy alcohol at the clubs.

Before starting the roadside maneuvers, the officer confirmed that the foreign speaking suspect understood that the tests were voluntary and that his experience with education in the US was sufficient enough to comprehend what the officer asked of him. During the horizontal gaze nystagmus test, the suspect moved his head on more than one occasion and displayed a jerking movement in his eyes at maximum deviation. The suspect was observed having difficulties focusing as the test was administered. After the officer demonstrated the walk-and-turn test, the suspect began shouting the numbers as he was walking, walked 10 steps, and at one point lost footing. In the one-legged balance test, the suspect did not count correctly, had his arms out for balance, and had to be reminded to look down at his foot during the exercise.

At the conclusion of the roadside maneuvers, the suspect was questioned again on how much he had to drink throughout the day. The suspect then said that he had three beers for the entire day. The suspect admitted that he still should not have been drinking and driving, but he had not drank enough to where his abilities to drive would be affected. When offered to take a breathalyzer in the field, the suspect inquired more about what the preliminary breath test would reveal. After understanding the consequences, the suspect chose not to move forward with taking a breathalyzer and was arrested for driving under the influence (DUI). While being placed in the back of the police cruiser, the officer asked if he understood what he was saying to him over the duration of the roadside maneuvers to which the suspect answered, "Yes."

Once at the station, the suspect provided a breath sample at 1:55AM which yielded a result of .167% BrAC which is twice the legal limit to drive in the State of Colorado.

[This is a re-upload with updated background information, breathalyzer results, and court disposition.]

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Chapters:
0:00 Introduction
0:40 Investigation Begins
3:15 Step Outside of the Vehicle
8:26 Roadside Maneuver Start
11:14 Horizontal Gaze Nystagmus Test
12:55 Walk-and-Turn Test
15:21 One-Legged Balance Test
17:30 Breathalyzer Refusal
18:03 DUI Arrest
20:25 Contact with Passenger
21:15 Breathalyzer Results & Court Disposition