DUI and DWUD
Just pulled over for Driving Under The Influence of Alcohol or Drugs in Colorado?
What now?!?
If you are pulled over for driving under the influence of alcohol or drugs in Colorado, consider the following:
If there has been an accident, make sure everyone is safe, and call for emergency assistance if needed (call 911).
If you are driving, pull over safely.
Do not run or flee.
Do not get out of your vehicle until the Police Officer tells you to.
Park safely, put your vehicle in park and turn off your engine.
Be polite, not argumentative--do not “give the Police a reason.”
In Colorado, if stopped while driving a vehicle, you have to present your Drivers’ License, Registration and proof of insurance.
Do not lie, but be concise and careful about anything you say—it will be used against you.
Make certain the Police can see your hands at all times during the traffic stop.
If you have weapons on you or within sight or reach, tell them.
Do not make any sudden moves. Tell the police officer what you intend to do, before you decide to reach for, or attempt to retrieve an item located inside the vehicle or outside the vehicle. This is especially important if you need to open your closed glovebox or center console to retrieve an item.
Be compliant—not combative.
The Police are trained and practice using their questioning to develop evidence that they do not have—to develop probable cause to arrest you—using loaded questions.
Be careful how you answer—for example, the three questions they always ask:
The Police will ask if you know why they pulled you over. Any answer you give is pure speculation on your part, consider answering no, or refuse to answer.
You have the Fifth Amendment privilege against self-incrimination, and the right to remain silent and not answer.
The Police will ask how many drinks you have had or if you have used drugs—this is a question that assumes facts and admits guilt in the answer. Consider stating you are NOT answering that question.
The Police will ask where you are coming from and where you are going—they want you to stumble over this question and lie on camera—do not do that. Consider stating you are NOT answering that question.
DO NOT make evidence for the police officers to prove their case against you.
Anything you say, for example admitting being drunk or high while driving; or do for example the roadside maneuvers, or trying to run or flee, can and will be used against you.
Exercise your right to remain silent, or state you want your right to consult with counsel.
The Police will want you to take roadside tests, and they will videotape these and use them as evidence to support your arrest.
Roadside tests are completely voluntary in Colorado. You are not legally obligated to do a roadside test, but if you refuse the police will take you into custody.
Roadside sobriety tests include any:
Touching your nose with your forefinger.
Counting numbers out loud in reverse order or reciting the alphabet backwards.
Walking a straight line with your eyes closed or standing on one foot.
Eye examinations, such as nystagmus tests, where the Police Officer has you watch his or her pen while they record your eye dilation and tracking.
Preliminary breath tests—these are not admissible as evidence for a Jury to consider but can form the basis of probable cause to arrest you.
Once you are arrested, you have a right to a Blood Test, a Breath Test or a Refusal.
BLOOD TESTING:
Blood will detect any alcohol in your blood for any drinks you have had within the last within 10 to 12 hours; Cocaine 1-2 days; Cannabis THC 2 weeks; Methamphetamine 72 hours; LSD 1-3 hours; MDMA 2-3 days; Fentanyl, 30 hours.
The police will run the blood test for alcohol and controlled substances.
Blood tests are generally more accurate.
Blood tests can be retested - breath cannot.
BREATH TESTING:
Breath tests can detect alcohol use up to 24 hours since the last drink.
Breath tests are in development that can detect Alcohol and in addition other drugs. While this new technology is not in common use yet, these tests can detect 12 drugs including Cannabis THC, Methamphetamine, Cocaine, MDMA, and Heroin.
Breath variance before the test—such as deep breathing and exhaling, “box breathing,” hyperventilating, vomiting, can all affect the accuracy of the breath test.
Asthma medications, alcohol-based mouthwash, breath sprays and other products can influence the results
Breath tests cannot be retested.
REFUSAL:
Refusing a chemical test carries a mandatory one-year revocation of your driving privileges.
You do not have the right to speak to an attorney before choosing a chemical test.
If you pass the 2 hour limit it will be regarded as a refusal.
If you refuse a chemical test, which is a blood or breath test performed at a police station, you could automatically lose your license and still be charged with DUI or DWAI based on other evidence.
In all refusal cases, you have seven (7) calendar days to respond in order to protect your driving privileges and contest the automatic revocation of your driver's license
