What To Do When Stopped on Suspicion of DUI in Colorado

September 14, 2012

It is important for Colorado drivers to know their rights when they are stopped by a law enforcement officer who suspects them of driving under the influence. DUI is a criminal offense, and anyone suspected of a crime is innocent until proven guilty. In support of this principle, limits have been established regarding what police can do when they perform a DUI traffic stop.

When Stopped by Police

In the first place, although a driver can be stopped if an officer observes the driver committing a traffic violation, the officer cannot pull over or arrest a driver for suspected DUI unless there is "probable cause." That means the officer has to have a good reason to justify the stop or arrest. That reason could be the officer's observations of the driver's behavior, based on the officer's knowledge and experience with impaired drivers, among other things. However, just because an officer believes there is probable cause for a stop or arrest, that reason does not always hold up if challenged in court.

The officer is allowed to question a driver about consuming alcohol or taking drugs without reading Miranda rights to the driver. An officer can also ask the driver to perform field sobriety tests. In addition, officers usually carry equipment to do Breathalyzer tests and can administer additional chemical tests in an attempt to determine a driver's blood alcohol content. A driver can refuse to take a Breathalyzer test, but generally a driver who declines the test is penalized by automatic suspension of his or her driver's license for a 12-month period under Colorado's implied consent law, even without an ensuing DUI conviction.

DUI traffic checkpoints, where drivers can be stopped and screened without even being suspected of a violation first, have been declared legal by the U.S. Supreme Court. The checkpoints must avoid unduly inconveniencing drivers and must use an arbitrary system for deciding which cars to stop, not choosing to stop a car for some specific reason but rather stopping all cars or every third or fourth car, for example. Officers must be reasonably suspicious of a driver in order to ask more probing questions, but they may ask for a driver's name and can ask general questions.

After Arrest

When a driver is arrested, he or she must be read the Miranda rights and given the opportunity to obtain a lawyer or refuse further questioning without a lawyer. Drivers who are arrested for DUI are processed at a jail, where it may be possible to post bail and be released fairly soon or after a short appearance in court. If the amount of bail is too high for the driver to pay, the driver can promise to reappear at court when the case is heard by posting a bond that requires full payment of the bail if the driver does not return.

Colorado's DUI Penalties

Colorado's DUI laws impose stricter penalties for subsequent DUI convictions. For a first DUI conviction, a driver faces up to a $1,000 fine and up to one year in jail, in addition to a one-year driver's license suspension, additional driver's license points, a public service requirement and alcohol treatment. People convicted of second and third DUI offenses face longer license-suspension periods and more hours of required community service. Further, all drivers convicted of DUI in Colorado may be required to install and use an ignition interlock device on their vehicles.

Colorado's Trend

In Colorado, fortunately, the number of DUI arrests has been dropping. During the past three years, annual arrests have fallen to about 26,000, a reduction of over 5,000. Colorado has increased its use of checkpoints, which may help account for the change.

Anyone who is arrested on suspicion of drunk driving should immediately contact an experienced DUI defense attorney for help. Skilled legal assistance can help a driver make his or her strongest case in court.

Article provided by Elkus & Sisson, P.C.
Visit us at http://www.denvercriminalduiattorney.com