Know & Protect Your Rights When You Are Pulled Over for DUI

When you see the red and blue lights of a police patrol car flashing in your rear view mirror, you might know that you need to pull over. But do you know your own rights as someone who has been pulled over for suspicion of driving under the influence (DUI)? The knowledge you have today can help you in such a situation tomorrow and make protecting your inalienable rights much less difficult.

For starters, the basic right that anyone has at any given time is the right to remain silent. DUI stop, interrogation at a police station, you name it – no one can force you to talk when you don’t want to. During your DUI stop, you should only be providing basic information that the police officer can easily get anyway, such as your name and address. For leading questions, like “How much have you had tonight,” silence can be your best choice. If you do want to keep your lips sealed for fear of incriminating yourself by saying the wrong thing, let the officer know you are specifically evoking your Fifth Amendment rights.

Secondly, you do not have to take a field sobriety test if you do not want to. When the law enforcement official tells you to stand on one leg for a minute, you can politely refuse. Do they want you to try to walk a straight line, one foot in front of the other? You don’t have to do that, either. Any test that can be considered a field sobriety test may be refused without an immediate legal consequence.

Lastly, chemical testing is bound to come up at some point if your DUI stop leads to your arrest. Back at the station, an officer or the clerk will ask you to submit to a chemical breath, blood, or urine test to get a gauge of your blood alcohol concentration (BAC) level. At this point, refusal is not a safe bet. Colorado’s implied consent law states that if you operate a vehicle on a public road, you will consent to any chemical testing requested by police, or else your license will be automatically suspended for at least one year. While you have the right to refuse, it is probably not the right choice. Consider this: a skilled DUI defense attorney can challenge chemical test results anyway.

Speaking of Help from a Criminal Defense Lawyer

If you have been arrested for a DUI in Colorado, you should prepare to protect your rights and your driving privilege with the help of professional Denver DUI Attorney Chris Cessna. With more than 20 years of legal experience and an NHTSA-certification in field sobriety test application, he is truly a one-of-a-kind defense lawyer. Call 303.720.7280 to schedule a free consultation.