No! You have an absolute right to remain silent. Anything you say will always be used against you if it helps the prosecutor’s case in any way. It is generally best to politely decline to answer any of the officer’s questions.

Q: The Officer did not read me my Miranda rights. Will the case be most likely dismissed?

Usually, the answer is no. Police are only required to read you Miranda warnings if you are placed into custody and then questioned.

Q: Do I have to do roadside maneuvers like touching my nose or walking a line?

No you don't. Those roadside maneuvers as they are called by police are voluntary. You have every right to decline to participate.

Q: Do I have to take a blood or breath test?

No you don't. However, if you refuse to take a chemical test your license is likely to be revoked for 1 year. If you take the test and your result is too high your license is likely to be revoked for 90 days on first offenses. This is a judgment call on your part.

Whether you take one of these tests or not, you have a right to a hearing with the DMV (Dept. of Motor Vehicles) to determine if your license will be taken away. By requesting a hearing, you become entitled to keep your license until the date of the hearing.

Q: What does “B.A.C.” stand for?

B.A.C. is an acronym for “Blood Alcohol Content.” It is a measurement of the amount of alcohol (measured in grams) in your blood.

Q: Is it true that just by driving in Colorado gives an officer consent to evaluate my B.A.C.?

The Colorado Express Consent law assumes that if you are driving on the roads of Colorado, you have automatically given consent to have your Blood Alcohol Content evaluated if an officer has reason to believe you have been drinking. This means the DMV has the authority to take away your license if you do not do so. However, at the same time you have the right to refuse the test based on your constitutional right to not incriminate yourself.

Q: I have a DUI charge. What are some penalties?

Q: What steps should I take to keep my license?

You, or your attorney, have seven (7) days from the time of your arrest / citation to request a hearing with the DMV. If you fail to do so, your license will be revoked automatically. The 7 day clock begins to run when you receive the Order of Revocation/Temporary Driver’s License which is generally at the time you are arrested.

Q: What happens at the DMV hearing?

The DMV hearing officer will decide:

1. Whether the officer had a valid legal reason to stop your vehicle.
2. Whether the officer had a valid legal reason to arrest you.
3. Whether the blood or breath test result is reliable enough to suspend your driver’s license.
In cases where you refused to take the blood or breath test:
4. Whether you were fully advised of the law, by the officer, before you refused to take the test.

Q: How do I request a DMV hearing?

You can request a hearing by going to almost any DMV office with the notice of revocation and your driver's license. They will take your drivers license if the officer has not already taken it from you. They will then issue you a temporary permit that is valid for up to 60 days or until you have your DMV hearing.

Q: I am scheduled to appear in court on the DUI charge. Is this similar to a DMV hearing?

No. The court proceedings and the DMV actions are separate. The DMV hearing is an administrative proceeding regarding the suspension or revocation of your driving privilege only. However, a conviction in court can also restrict or suspend your driver license.

Q: Why does DMV offer the right to a hearing if I am already scheduled to appear in court for the DUI charge?

Both our State and Federal Constitutions provide that no person shall be deprived of property without due process of law. Due process of law entitles you to a notice of the action DMV intends to take against your driving privilege and an opportunity to be heard, namely an Administrative Per Se Hearing.

Q: Does the DMV hearing substitute for the court trial?

No. The DMV hearing and court trial are independent of each other. The DMV hearing deals with the circumstances surrounding a DUI arrest such as driving and the blood alcohol level or refusal to take a chemical test. The Court trial deals with whether you are innocent or guilty of a criminal act.

Q. Is jail mandatory?

Sometimes. Please refer to our DUI penalty chart to match your circumstances with the correct answer.