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Home > Practice Areas > DUI > What to do when stopped

Denver Criminal Attorney

What to do and what not to do when stopped by a DUI enforcement officer

Do: stop immediately at the first safe place to do so, signaling as you pull over.

Do: have your license, registration and insurance ready for the officer. Traffic stops are stressful situations for everyone and any nervousness including fumbling for documents may be attributed to alcohol impairment rather than nerves. Keeping your documents in the top of your glove box in a distinct envelope is a good idea.

Do: be polite and cooperative with your stop officer. Officers are providing an important service to society which often involves working in stressful and dangerous situations. As such they should be treated with respect at all times.

Do: if you are eventually charged with DUI or DUID immediately contact any witnesses from the night in question and obtain their contact information and statements.

Do: under most circumstances, you should agree to take a chemical test to determine your blood alcohol content under Colorado's Express Consent Law. Note: a breath test is conducted at the police station and is not the same as a PBT or Portable Breath Test.

Do not: make any statements regarding alcohol or driving. You have an absolute right to remain silent in any situation involving police contact. Any statement that you do make can and generally will be used against you in a variety of ways.

Do not: agree to take field sobriety tests or voluntary roadside manuevers. The voluntary� in voluntary roadside maneuvers� means just what it says. You can and generally should refuse to take these tests. Note: a blood or breath test under Colorado's Express Consent law is not a voluntary roadside maneuver.

Do not: agree to take a portable breath test or PBT. This test involves blowing into a small hand-held device on the side of the road and is very inaccurate. As such they are not admissible in court but can be used by officers in other ways such as to obtain probable cause to arrest you or to bolster any eventual DUI/DWAI case against you.

If you have any further questions, contact the Denver criminal attorneys at Hebets and McCallin today!

Call (303) 756-3231