COLORADO LAWYERS
Free Consultation (303) 818-2448
Protect Your Rights

Know Your Rights During a Colorado DUI Stop

What You Need to Know If You Are Pulled Over for DUI

When you are involved in a Colorado DUI stop, the first thing you should remember is to be courteous and cooperative. The officer who pulled you over will decide whether or not to pursue a investigation.

That being said, you are not required to respond to any question that may incriminate you. In other words, you have the right to remain silent.

Oftentimes, the first thing a police officer will ask is, "How many drinks have you had tonight?" They ask questions like this in order to gain any evidence they can against you. You do not have to help them build their case.

Remember the following if you are pulled over for DUI:

  • Don't help the officers make a case against you. Anything you say (admission of drinking) or do (roadside maneuvers) can and will be used against you. Exercise your right to remain silent.
  • Field sobriety tests are completely voluntary. You do not have to do these!
  • You have the choice of a blood test, breath test, or test refusal.
  • You do not have the right to speak to an attorney before choosing a chemical test.
  • Refusing a chemical test carries a mandatory one-year revocation of your driving privileges.
  • Blood tests can be re-tested. Breath tests cannot.
  • Roadside, portable, or preliminary breath tests (PBTs) are voluntary. They cannot be used to prove guilt or innocence in court, but can be used as evidence to support an arrest.
  • In all breath test or refusal cases, you only have seven (7) calendar days to respond in order to protect your driving privileges and avoid an automatic revocation of your driver's license.

You are not required by any Colorado DUI laws to perform a roadside sobriety test. Knowing this will keep you from incriminating yourself and helping the officer build a case against you for driving under the influence.

These roadside sobriety tests include any:

  • Number-counting or alphabet-reciting exercise
  • Tests where you must walk a straight line or stand on one foot
  • Eye examinations
  • Preliminary breath test (PBT)

You should know that if you refuse a chemical test, which is a blood or breath test performed at a police station, you could automatically lose your license and still be charged with DUI or DWAI based on other evidence.

Remember That the Law Is Not on Your Side

You have legal rights in any criminal case; however, in DUI cases, you have fewer rights than just about any other alleged crime in the United States. This is what some call "The DUI Exception." DUI is one of the few criminal offenses where you do not have the right to speak to an attorney before incriminating yourself.

Upon arrest, the police officer will advise you that you have "expressly consented" to submit to a chemical test of your breath or blood by driving on the public roadways of Colorado. Which test are you willing to take – breath or blood? If you choose to refuse a chemical test, your license will be revoked for a minimum of one year.

Keep in mind you do not have the right to consult or speak with a DUI attorney before choosing a test. Upon submitting to a test, you have now provided incriminating evidence against yourself.

So not only do you not have a right to speak with an attorney before choosing a test, but upon taking a test, you have now provided incriminating evidence that will be used against you. Because of the so-called "DUI exception" to the Constitution, defending a DUI case can be difficult. It requires the skill of a competent lawyer.

What to Do After a DUI Arrest in Colorado

For adults 21 and older, Colorado law mandates the legal limit for operating a motor vehicle at .08 percent. If you are found to be over the legal limit through a blood or breath test, you will most likely be brought up on charges for driving under the influence. If are facing DUI charges in Denver or elsewhere in Colorado, you have seven calendar days to schedule a hearing with the Colorado DMV or you will automatically have your license revoked.

If convicted of DUI in a criminal court, you face very serious consequences. The severity of those consequences is contingent upon many variables, such as number of prior offenses, BAC level, cooperation with the police, and all other aggravating and mitigating information. When you are charged with DUI, it is always best to consult with a lawyer. At the Orr Law Firm, we deal specifically with DUI and criminal traffic cases in and around Denver.

Call the Orr Law Firm at (303) 818-2448 to get started with a FREE consultation.

What Our Clients Say

  • “I felt they treated me and my case truly as a 'person', not as another statistic.”

    SATISFIED CLIENT; JEFFERSON COUNTY DUI

  • “Rhidian Orr kept his word and I was able to avoid 'straight' jail time.”

    SATISFIED CLIENT; BOULDER COUNTY DUI W/ 2 PRIORS

  • “I couldn't have expected a better outcome”

    SATISFIED CLIENT

  • “The attorneys at The Orr Law Firm had my best interest in mind and walked me through the entire process.”

    SATISFIED CLIENT; DUI CHARGE

  • “Rhidian and his team saved my career and helped me tremendously during a dismal time.”

    SATISFIED CLIENT; DUI CHARGE

  • “He was always able to get me to relax and know that he was going to take care of it. Something like that for me is essential in making myself feel good that I have made the right choice.”

    SATISFIED CLIENT; DUI CHARGE

  • “Thank you for allowing my daughter to have a better and brighter future.”

    SATISFIED CLIENT; DENVER COUNTY DUI

  • “Unlike some lawyers they actually care about your well-being.”

    SATISFIED CLIENT; ARAPAHOE COUNTY DUI

  • “Your quick and efficient dealings with the County District Attorney was a wonder to behold. By way of comparison, you managed to do in less than one hour what I had been trying to accomplish over the course of eight months and three court hearings.”

    SATISFIED CLIENT, ARAPAHOE COUNTY DUR

  • “This group of lawyers have literally… changed my life.”

    SATISFIED CLIENT; EL PASO COUNTY TRAFFIC CASE

  • “You have surrounded yourself with an amazing staff and I have benefited from their collective expertise, professionalism and compassion.”

    SATISFIED CLIENT; GRAND COUNTY DUI W/ 2 PRIORS

  • “He was always able to get me to relax and know that he was going to take care of it. Something like that for me is essential in making me feel good that I have made the right choice.”

    SATISFIED CLIENT; DENVER COUNTY DUI

  • “Rhidian was not only concerned with my legal issues, but with my overall life. ”

    SATISFIED CLIENT; DUI CHARGE

  • “Results speak for themselves, hire the Orr Law Firm.”

    SATISFIED CLIENT; WELD COUNTY DUI

  • “Your service is second to none.”

    SATISFIED CLIENT; DENVER COUNTY DUI W/ 3 PRIORS

Contact Us For A Free Consultation

We are ready when you are. Fill out the following form or call us at (303) 818-2448 and our helpful team will return your inquiry shortly.
  • Please enter your first name.
  • Please enter your last name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.