FAQ: If You Are Pulled Over By the Police For A Colorado DUI – What Do I Do ? – Some Suggestions
After 28 years of practicing Colorado Criminal Law – on BOTH sides of DUI cases, I can tell the reader that many people often beat themselves up about specific things they did or did not do or say during the police investigation and their subsequent arrest for driving under the influence.
The following bulleted list is intended to provide some guidance to help minimize the impact of the Colorado DUI investigation – should you find yourself in the unfortunate position of being stopped for a DUI.
Three Rules of Police Contact – some specifics as regards a Colorado DUI
Be Smart, Be Nice, and Be Quiet
• Be Smart:
Think before you say or do anything. Be aware of your words, movements, and emotions.
• Be Nice:
Be Ultra-Polite, Respectful, even apologetic.
• Be Quiet:
Say As Little As Possible. Do Not Answer Questions. Do Not Volunteer Information.
Do Not Complain, Argue, or Try to Talk Your Way Out of the Situation.
DO
• Be Smart, Nice, and Quiet
• Always provide license/registration/insurance when requested. (always have them handy in the car)
• You must exit the vehicle when requested to do so. If you suspect police impersonation: lock your doors and call police to confirm officer is real.
• If the officer writes you a ticket, You Must Sign It. (or go to jail)
• If you are arrested for DUI, you must take a blood test, or a breath test on the big machine. (your choice) If you do not, you will make things worse for yourself and lose your license for one year.
• Always Comply With All Orders; Do Not Physically Resist.
DO NOT
• Do Not Drink and Drive
• Do Not Argue with or Complain to the officer. There will be time for that later with your attorney.
• Do Not Answer Questions ? “Have you been drinking?”, “How much?” (Be Smart and Quiet, DO NOT LIE)
EVERYTHING you say Can and Will Be Used Against You.
Respectfully decline to answer any questions: “I’m sorry officer, but I would rather not answer any questions.”
• Do Not Consent to a Search of the Vehicle. Say “I’m sorry officer, but I do not consent to ANY searches. . .” (but DO NOT try to physically stop them)
“Field Sobriety Tests” (“FSTs”) or “Roadside Sobriety Maneuvers” are VOLUNTARY.
You cannot be forced to take FSTs, even though it may seem like a demand. FSTs are designed for failure; they are impossible to “pass”. Respectfully decline to participate: “I’m sorry officer, but I would rather not.”
•The Portable Breath Test (“PBT”) is VOLUNTARY.
These are the small breath machines officers carry them in their trunk or on their person.
PBTs are scientifically unreliable and will do you no good.
While they are not admissible as evidence of guilt, the results can be used against you: in arrest/charging decisions, bail considerations, and possibly in sentencing.
Respectfully decline to provide a breath sample for the PBT.
The only person who should ever ask for a PBT is someone who is accused of underage alcohol consumption and has had NOTHING to drink.
A driver should NEVER blow into a PBT