Colorado Criminal Law – The Top 5 Colorado DUI Errors and Mistakes
If you are stopped and then investigated for a DUI in Denver and the Front Range of Colorado can be an incredibly traumatic experience. Most people have no idea what to do or say and, as a result, end up making a number of mistakes that ultimately hurt their chances of avoiding a DUI conviction.
The following is a list of the Top 5 DUI mistakes people make when arrested for a DUI in Colorado.
1. Think You Can Help Yourself Avoid A DUI Arrest – You can’t. Period.
-Nothing you say or do will impact the police officer’s decision to arrest you for a DUI. From the moment you are stopped, the police officer is looking for any and all evidence that will support a decision to arrest you for DUI.
2. Talking To Much
-Other than providing your name, license and registration, you have no legal obligation to answer any DUI-related questions. This would include any questions pertaining to what, when and how much you had to drink. Politely tell the officer that you would like to speak with a lawyer before responding to any such questions.
3. Having A Bad Attitude
– Taking an attitude with the police is always a losing battle. Granted, the police often mistreat individuals during their DUI investigation and take full advantage of the fact that you are probably quite nervous. No matter how the police are treating you, be nice! Belligerent behavior is associated with someone who is intoxicated. This would reflect badly in a DUI arrest report.
4. Being Too Cooperative
– This one is really understandable. If a police officer pulls you over, a natural instinct is to do whatever is asked of you. However, when it comes to DUI investigations, this instinct will only serve to help them build their case against you. The fact of the matter is, you are not legally required to do most of the things police officers will ask of you during their DUI investigation.
For example, you do not have to answer their DUI-related questions, perform the Field Sobriety Tests (“FSTs”) and, if you are over 21, you don’t have to take the roadside breath test (“PAS Test”). The only request you should comply with is taking a chemical test after you are arrested for DUI. After you are arrested, the officer is supposed to give you a choice of taking a breath test or blood test. Take the breath test. Also, remember to be polite.
Kindly tell them that you do not want to do those things but that you will take a test at the station if they arrest you. The police officer may not like the fact that you are not cooperating in the way they would like you to but you have no obligation to build their case for them.
5. Not Hiring A DUI Lawyer
– DUI cases are highly technical matters and absolutely require the skill of an experienced Colorado DUI Lawyer in order to maximize your chances of avoiding a DUI conviction and keeping your driver’s license.