Getting pulled over for a DUI can be a worrying situation, especially if you had a drink or two earlier in the evening. Your behavior during the stop can mean the difference between going home and going to jail for the night. Here are a few tips to handle your DUI stop.
Always be polite. Respect will get you farther than aggression will. Obey any directions given by the officer, and maintain a polite tone when answering questions. Often, you will receive respect in return.
Cooperate, but do not incriminate yourself. The officer will ask questions to look for further probable cause. If you were stopped, they should already have a reason to be suspicious that you are intoxicated.
These questions are designed to let them evaluate your functioning and see if you will incriminate yourself. Be vague with your answers, and never tell them how much you had to drink, where you are coming from, or other information that could lead them to believe you are drunk.
They will also be looking for physical signs of impairment, such as bloodshot eyes, slurred speech, and the inability to maintain conversation or eye contact. Comply with any requests, such as providing your license and registration. Resistance to reasonable requests can be interpreted as hostility.
Understand expressed consent laws. Colorado’s expressed consent law states that any driver lawfully arrested on suspicion of a DUI consents to a chemical test of their blood or breath for the purpose of determining their blood alcohol content (BAC) level.
If you refuse consent, an officer cannot force you to take a test, but they can suspend your license.
The period of suspension is 1 year for the first refusal, 2 years for the second, and 3 years for the third. If you have caused harm through an accident however, you can be forced to take the test.
Use your Miranda Rights. Though your rights are only read if you are taken into custody, you are still able to demonstrate your rights before arrest.
You are not legally required to admit that you have been drinking to the police or provide other information that can be used against you in court.
Do not be intimidated into speaking. Meet any requests for information with a statement that you will not answer further questions without your attorney present.
Contact a DUI attorney immediately. If you are arrested, you will be granted one phone call. Be sure to have the number of an experienced DUI defense lawyer on hand. This call can mean the difference between engaging the services of an attorney of your choice or having to work with an assigned public defender.
Know what attorney to call if you’re arrested for a DUI. Our Denver DUI defense lawyers are available to defend you against your charges. Our seasoned trial lawyers have the experience to fight your charges, and we have a successful record of cases to demonstrate our ability in court. Contact Gerash Steiner & Blanton, P.C. today for a free case evaluation!