HANDLING THE COLORADO DUI/DWAI STOP
Denver DUI/DWAI Police Stop Of Your Vehicle
DUI/DWAI charges in Denver, 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 you are stopped and the officer smells alcohol. It simply is not worth the risk to drink and drive.
That said, when a Lakewood police officer pulls you over for a suspected DUI / DWAI, he or she is looking for an excuse to arrest you – or “probable cause.” Probable cause refers to facts or evidence that would lead a reasonable person to believe that a crime has been, is being, or will be committed.
Jefferson County Roadside Maneuvers Police Stop
The Jefferson County police officer or deputy sheriff will observe how you respond to their vehicle’s 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 a sign of intoxication.
When a Littleton police officer approaches your window, they will be watching you to see how you respond to their presence. The officer will note in his or her report how you speak (“slurred speech” is a Denver police officer’s favorite phrase). They will pay attention to the condition of your eyes (“blood shot, watery eyes” is common with the Jefferson County Sheriff’s Department). The peace officer will note the condition of your clothing and whether you fumble in retrieving your license and insurance. You will be arrested and charged with drinking and driving if the police officer notes any differences between you and the sober driver they normally encounter.
What To Say And What Not To Say To Adams County Sheriff Or Commerce City Police Officer
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 Adams County sheriff deputy or Brighton police officer will try to smell your breath and will certainly say in his or her report that he or she smelled “an odor of an unknown alcoholic beverage” to justify your Colorado DUI / DWAI arrest. The Thornton Police Officer will try to 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 Commerce City 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 him or her by agreeing to participate in voluntary roadside maneuvers.
Roadside maneuvers 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 the police officer to arrest you.
Don’t Take The Voluntary Portable Breath Test, PBT, In Douglas County
Next, don’t agree to a voluntary test of your breath at the scene of your stop. The Douglas County sheriff can use a portable breath test (PBT) to determine your blood alcohol level, and cite the result in their probable cause determination. So, again, don’t agree to do this Colorado voluntary roadside test. Only take the required breath or blood test following your arrest for suspicion of DUI.
You will give the officer more probable cause to arrest you if you do the roadside maneuvers 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, anything you say can be used against you to convict you. Miranda only requires the Parker police officer to advise you before he or she questions you after your arrest.
Defense Attorney Advises You To Take The Required Blood Alcohol Test At Police Station In Arapahoe County
Once you are at the Arapahoe County 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 (a bad situation to be in).
Whenever you are stopped by the police for a DUI/DWAI in Sheridan, Colorado, your best course is to remain silent and take only the required BAC test at the police station. Next, call our experienced defense attorneys 303-731-0719 for an in-person meeting. Together, we can protect your future.