The Colorado DUI / DWAI Police Stop of Your Vehicle
DUI /DWAI charges in Colorado are very serious. If you drive after drinking even a little alcohol, you are taking a big gamble. If an accident occurs, you are likely to be found at fault, even if you've done nothing wrong. If you drive too fast or violate a minor traffic law, you'll be arrested if stopped and the officer smells alcohol. It simply is not worth the risk to drink and drive.
That said, when a Denver or Lakewood, Colorado police officer pulls you over for a suspected DUI / DWAI, they are looking for an excuse to arrest you - or "probable cause". Probable cause refers to facts or evidence which would lead a reasonable person to believe that a crime has been, is being, or will be committed.
The Fort Collins, Colorado police officer will observe how you respond to their flashing lights, how long it takes you to pull over and how you park your car. If you take too long to stop, pull over without signaling, or get too close and bump the curb, it will be noted.
As the Aurora, Colorado police officer approaches your window, they will be watching you to see how you respond to their presence. They will note in their report how you speak ("slurred speech" is a Denver police officer's favorite phrase), and the condition of your eyes ("blood shot watery eyes" is common with the Jefferson County Colorado Sheriff's Department.) The Arapahoe County, Colorado Sheriff will note the condition of your clothing and whether you fumble in retrieving your license and insurance.
What to Say and What not to Say to Police
You will certainly be asked how much you've had to drink. Don't say "a couple of beers", because that is code to an officer that you've had several. The Northglenn Police officer will try and smell your breath and will certainly say in his report that he smelled "an odor of an unknown alcoholic beverage" to justify your Colorado DUI / DWAI arrest. The Douglas County, Colorado Sheriff officer will try and engage you in conversation to learn where you've been before the stop, in order to learn if you drank and to hear your voice and evaluate your thought process.
If you have not figured it out yet, the Denver police officer is on a mission to see if they can justify your arrest for a Colorado DUI / DWAI. Don't make it easy on them by agreeing to participate in voluntary roadside manuevers. They are voluntary and you have no obligation to participate. So, politely decline and say, "I'd rather not." You will be limiting the scope of evidence the officer has available to justify your arrest. You will be making it more difficult for him to arrest you.
Don't Take the Voluntary Test
Next, don't agree to a voluntary test of your breath at the scene of your stop. The Jefferson County, Colorado sheriff can use a portable breath test ("PBT") to determine your blood alcohol level, and cite the result in his probable cause determination. So, again, don't agree to do this Colorado voluntary roadside test. You will give the officer more opportunity to arrest you if you do the roadside manuevers or breath test.
If you are arrested for a Colorado DUI / DWAI, exercise your right to remain silent. Don't talk and volunteer information other than your basic identification. Even if you have not been given your Miranda advisement, diarrhea of the mouth can still convict you. Miranda only requires the Denver police officer to advise you before he questions you.
Take the Required Blood Alcohol Test
Once you are at the Colorado police station, you are required to submit to a breathalyzer test or blood test to determine your blood alcohol level. You will need to take one or the other, or be deemed to have refused (bad situation to be in). We'll discuss which is the best choice in a later blog.
Whenever you are contacted by the police in a Colorado DUI / DWAI stop, your best course is to remain silent, take only the required test at the police station, and then call us at 303-731-0719 for an in-person meeting. Together, we can protect your future.
