D.U.I. / D.W.A.I. Traffic Stop Information
You have the right to remain silent.
Remember you do not have to speak with the officer(s) who stopped you.
Provide required licensing documentation.
Ensure that your driver’s license, registration and proof of insurance are together, and in an easy to access location in your vehicle. Many officers will cite your inability to locate these items easily as part of their proof of intoxication. Further, BEFORE YOU GET IN THE CAR make sure all of your lights and turn signals/flashers are in working order, including license plate lights. Many DUI/DWAI cases are started because an officer has initially pulled a car over for having a light out.
Prepare to interact with officer(s).
Only roll your window down enough to pass the officer your license, registration and proof of insurance. You do not have to converse with the police, other than to give your name, etc.
Know what information is the officer entitled to.
You do not have to answer questions such as "Where are you coming from/going to tonight." Also, it is standard practice for officers to ask if you have been drinking. You do not have to answer this question. Most people tell an officer "I've only had a couple of beers:" DO NOT SAY THIS, even if it is true. You have just admitted to drinking and driving, and this may be enough for an officer to cite you with DUI/DWAI. DO NOT lie, however, as you may be charged with other crimes: Merely refusing to answer the question is enough.
Be Polite.
An officer will be far less likely to investigate you further if you are cooperative and polite. When refusing to answer questions, be as polite as possible, and say "I'm sorry, but I refuse to answer that question."
Road side testing procedures.
If an officer asks you to perform roadside tests, you may refuse: Roadside tests are not mandatory. Be advised, however, that refusal to perform roadsides may cause you to be arrested in some cases. If this is the case, they already have enough to arrest you without roadsides, and the request is to show what roadsides you have failed so that the failure may be used against you.
Breathalizer Procedures.
You do not have to perform a breath test where you were pulled over. If the officer asks you to perform a breath test on a device he can hold in his hand (a “Portable Breath Test” or “PBT), and administered where you were pulled over, you are not required to take it. These tests are unreliable, and in most cases, inadmissible in court. For breath tests you are required to take under Colorado Law, see below.
You must perform "Express Consent" breath or blood tests.
Express Consent is a Colorado Law that essentially says that, if you drive on Colorado roads, you consent to a chemical test of your blood or breath. As stated, the PBT often used by officers when you are pulled over is not required. However, if the officer informs you of Colorado's Express Consent law and requests you submit a sample of your blood or breath for chemical testing, you must comply and provide a sample. If you refuse, you will automatically lose your driver's license regardless of the outcome of your case.
Make educated decisions.
With very limited exceptions, you can not change your mind once you have elected either blood or breath testing, so choose wisely. A blood test takes longer to obtain (meaning your alcohol level may be lower by the time they do the test), but may be more accurate and less easily challenged in court. A breath test will usually be obtained quicker, but is more easily challenged in court.
D.U.I. / D.W.A.I. Arrest and Citation Information
If you have given a breath test, you should have received a copy of your Express Consent Notice of Revocation. This effectively suspends your driver’s license until you have a hearing with the DMV, and the form is a temporary driver’s license until that time. Make sure you read the form, and make sure you contact the DMV within 7 days to request a hearing. If you fail to request the hearing within 7 days of being issues the Express Consent form, your license will be suspended automatically.
Contact an Attorney as soon as possible.
The DMV process and Court process in a DUI/DWAI are two distinct and separate actions: The DMV process only involves your privilege to drive in Colorado, while the Court case deals with criminal penalties. The Court does not have the power to suspend your license (though it can assess points against it depending on the outcome), and the DMV has no power to punish you with jail or fines for your DUI. You can have your license suspended by the DMV even if you win your Court case.
When you request your hearing with the DMV, make sure to subpoena the officer to the DMV hearing. In some cases, if an officer fails to appear at the DMV hearing, you may win the DMV portion of the case.
Contact an Attorney as soon as possible.
Begin pricing an SR-22. Insurance companies will have this information, and if your license is suspended or if you are granted a probationary (red) license, you will be required to carry an SR-22.
Find, register and begin taking alcohol classes, even if you think you will win your case or are not guilty. Both the DMV and the District/City attorney handling the case will tend to react to your case more favorably if you have completed some or all of your alcohol classes. Further, should you enter a plea of guilty or are otherwise found guilty, you have already started what will be a requirement for any punishment, and it may show a judge that you have learned from your mistake, and take that lesson seriously.
Contact an Attorney as soon as possible.
The information contained does not constitute legal advice, and does not initiate an attorney/client relationship between the end user and Genet & Martinez, P.C or any of it’s associates. By further advised that is illegal in the state of Colorado to Drink and Drive. Please do not drive if you have been drinking.
Any and all tools and resources on this site are relative to the typical documents associated with Colorado legal proceedings. Please be advised that your particular situation may be unique in a number of ways and thus alternative documents may be associated with your legal needs and responsibilities.
These resource guides are intended to be a general help in understanding the legal process. Please make an appointment with a licensed practicioner of Colorado Law in order to answer any of your legal questions specic to your situation.
