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Why A DUI Hit And Run Is Hard To Prosecute

When a drunk driver flees the scene and cops can't catch them right away, how does this change the case against them? 11 News asked the District Attorney’s office that question Tuesday following a hit and run accident.

This one happened on Colombia Road on the west side of Colorado Springs. Cops were able to catch up to the suspected drunk driver a few miles away and arrest him, but it doesn't always work out that way.

Video you’ll only see on 11 News was taken by the victims. Monday night a suspected drunk driver rammed into their car parked in front of their home.

He was trying to un-wedge his car from theirs. They say he became very angry and confrontational after they told him they were calling cops.

The suspect can be heard in the video saying "I'm going to jail, it doesn't matter."

It took police more than 15 minutes to show up. In that time, the driver broke free and sped off.

"A case like this, somebody could've been hurt pretty bad because he was really drunk," witness Kevin Talbot said.

Cops caught up with him two miles away. CSPD told 11 News the driver was facing several charges including DUI.

We asked the District Attorney’s office what happens if the driver gets away and isn't caught until after the alcohol wears off?

"It's very difficult to prosecute someone. It's incredibly frustrating, most likely, many times the person who caused the crash may have been intoxicated,” Deputy District Attorney Beth Reed said.

The D.A. also said the blood alcohol level is the best evidence but they can use other evidence to help make their case against drunk drivers who get away.

If you refuse a breathalyzer or road test, your license is immediately taken away. A recent Colorado study found that a drunk driver can expect a jail sentence that's 25-percent longer than a hit and run driver.

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