Having served as a law enforcement officer for three decades, I understand the complexities and challenges of DUI stops in Colorado. Now, as a criminal defense investigator, I aim to shed light on what individuals should do if stopped for a DUI by the police. This guide draws from my unique perspective to help drivers protect their rights and navigate this challenging situation with confidence.
Stay Calm and Cooperative:
Being pulled over can be nerve-wracking, especially when suspected of DUI. As a former police officer, I can assure you that remaining calm and cooperative is crucial. Comply with the officer's instructions and provide identification and registration when requested.
Exercise Your Right to Remain Silent:
While cooperation is essential, remember that you have the right to remain silent. Politely inform the officer that you choose not to answer questions without your attorney present. Avoid self-incrimination, as anything you say can be used against you later.
Do Not Perform Field Sobriety Tests (FSTs) Voluntarily:
Colorado law does not require you to take field sobriety tests. Politely decline to perform these tests, as they are subjective and can be challenging even for sober individuals. Instead, explain that you are willing to cooperate with chemical testing as required by law.
Chemical Testing:
Colorado has implied consent laws, meaning drivers are required to submit to chemical testing (breath or blood) if lawfully arrested for DUI. Refusing this test may result in automatic license suspension. As a defense investigator, I recommend complying with this aspect of the law, as it may impact your case positively.
Document the Stop:
If possible, discreetly document the DUI stop using your phone's camera or any other recording device. Record interactions with the officer, your surroundings, and any potential discrepancies you observe. This documentation can be invaluable for your defense later on.
Contact a DUI Defense Attorney:
As soon as you can, reach out to an experienced DUI defense attorney. They will provide invaluable guidance, protect your rights, and work to build a strong defense for your case. Remember, anything you discuss with your attorney is privileged and confidential.
Preserve Evidence:
Retain any evidence related to the stop, such as receipts showing the time and place you consumed alcohol, names of potential witnesses, or any medical conditions that may have influenced your behavior or performance in field sobriety tests.
Be Mindful of Time Limits:
In Colorado, there are time limits for requesting a DMV hearing to contest license suspension after a DUI arrest. Be sure to act promptly and seek legal advice to meet these deadlines effectively.
Conclusion:
As a former law enforcement officer, now working as a criminal defense investigator, I understand the intricacies of DUI stops in Colorado from both sides of the equation. If you find yourself stopped for a DUI, remember to remain calm, cooperate within the bounds of the law, and exercise your right to remain silent. Consult with a skilled DUI defense attorney to protect your rights and ensure the best possible outcome for your case. By approaching the situation proactively and thoughtfully, you can navigate the complexities of a DUI stop and work towards safeguarding your future.
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