You were stopped for a DUI and now you have a lot of questions: 

• What are your rights?
• How are the police supposed to treat you?
• How do prosecutors handle your case?
• What about your driver’s license?

The Stop and Arrest:
The Police have to have a “reasonable suspicion” you committed a traffic offense or are DUI to stop you. Many police departments try to maximize contact with drivers at night, for example, during “Hot Friday Nights”. The goal is to stop drivers and smell an “odor of alcohol” and observe “bloodshot” eyes and “slurred” speech. But, these signs normally do not equate to “probably cause” to arrest for DUI. The officer will want you to consent to roadside field sobriety tests, so that he can make an arrest decision. You are not required to take the “roadsides.” If you do, your performance can and will be used against you at a trial.

Field Sobriety Tests:
If you decide to take the roadside tests, expect the “Pen” test involving your eyes, the “Walk and Turn”, and the “One Leg Stand”. These tests are recommended by the National Highway Transportation Safety Administration. If you are lucky enough to pass the roadsides, the police are supposed to release you. Police officers often lack sufficient training to do roadsides properly and, in our opinion, the tests have questionable validity. There is no penalty for refusing roadsides.

Express Consent:
If you are arrested for DUI, the officer will tell you to take a breath or blood test. If you don’t, the DMV will revoke your license for one year. Anyone who drives in Colorado is deemed to have expressed his or her consent to this rule. If you test over .08, you will be charged with DUI. If you test .05 or greater, you will be charged with DWAI. The police are required to keep a second sample so you can have it tested by an independent lab.

The Prosecution:
Prosecutors are part of the campaign against DUI and generally have inflexible policies. For example, they may offer no deferred judgments to drivers with first offenses and otherwise blameless lives. They may not lower a DUI to DWAI if the offense is a second one – no matter how long ago the first one was. Don’t expect sympathy from prosecutors. With few exceptions, we believe the system has lost its capability to dispense individual justice in DUI cases.

Your Driver’s License:
If your alcohol content is .08 or greater, the arresting officer will seize your driver’s license and issue you a 7 day permit. You have 7 days to demand a DMV hearing. Always ask for a hearing and consult a lawyer as to whether the officer should be requested at the hearing. If the DMV finds you were driving with .08 or greater, your license will be revoked for 3 months for the first offense. “Revocation” means absolutely NO driving. Second and third DUI/DWAI’s result in lengthy periods of revocation and may require a mandatory ignition interlock device.