Friendsgiving is a time to relax, have fun, and enjoy good food with friends. However, the joy of the season can quickly turn sour if you’re pulled over for a DUI while driving home. Colorado has strict DUI laws, and being stopped by law enforcement can be a stressful experience. It’s essential to understand your rights and what to expect if you find yourself facing a DUI stop. This blog will guide you through the steps to take if you’re pulled over and suspected of driving under the influence, as well as the potential consequences under Colorado law.
What to Do If Pulled Over for a DUI in Colorado: A Step-by-Step Guide 
Imagine driving home from a festive Friendsgiving dinner, filled with laughter and memories, when you suddenly see flashing red and blue lights behind you. The anxiety of the situation begins to rise as you pull over, knowing that a DUI (driving under the influence) charge could be looming. It’s essential to stay calm and informed about your rights and responsibilities in such situations. Here’s what you need to know if you’re pulled over in Colorado:
1. Pull Over Safely and Comply with Officer’s Requests
The first step when you’re pulled over is to find a safe spot to stop your vehicle. Turn off your engine, roll down your window, and keep your hands on the steering wheel where the officer can see them. It’s important to be calm and respectful during the encounter. Police officers are trained to detect nervous behavior, and being cooperative can help avoid escalating the situation. You will be asked for your driver’s license, registration, and proof of insurance. These requests are standard procedure.
Tip: If you’re nervous, it’s okay to inform the officer that you are reaching for your registration or insurance documents. This ensures there are no misunderstandings when you move your hands.
2. Field Sobriety Tests: Your Right to Refuse
If the officer suspects that you’ve been drinking or using drugs, they may request that you perform field sobriety tests (FSTs). These tests are designed to assess your coordination and balance. Common tests include walking in a straight line, standing on one leg, or following a pen with your eyes. While field sobriety tests are common, you have the right to refuse them in Colorado without facing immediate criminal penalties.
Refusing these tests may, however, be used against you in court, but it does not carry the automatic consequences of refusing a breathalyzer or blood test, which we’ll discuss later.
3. Breathalyzer or Blood Test: The Colorado “Express Consent” Law
In Colorado, the law requires drivers to submit to chemical testing (either a breathalyzer or blood test) if they are arrested for a DUI. This is known as Colorado’s “express consent” law, which means that by operating a vehicle, you are agreeing to submit to chemical testing if requested by law enforcement. If you refuse to take a breathalyzer or blood test, you could face serious consequences, including:
- License Suspension: Your license may be suspended for up to one year for refusing the test.
- Increased Penalties: A refusal can result in harsher penalties if convicted of DUI, including longer license suspensions and mandatory alcohol education courses.
While it’s crucial to comply with the law, you should also understand that refusing a test could affect your case. If you are unsure, it’s important to ask the officer whether you are under arrest before deciding whether or not to consent to the test.
4. Your Right to Remain Silent
While it’s essential to cooperate with law enforcement, you also have the right to remain silent. This right is critical to protect yourself from saying something that could be used against you later. For example, if you admit to drinking or taking drugs, the prosecution can use that admission in court. You are not required to answer any questions beyond providing your identification and registration information.
Understanding DUI Charges in Colorado: DUI vs. DWAI
Colorado law distinguishes between DUI (driving under the influence) and DWAI (driving while ability impaired), and the charges come with different penalties. It’s crucial to understand the differences:
- DUI: This occurs when a person’s blood alcohol concentration (BAC) is 0.08% or higher, or if they are impaired by alcohol or drugs to the point where they cannot operate their vehicle safely. DUI charges carry severe penalties, including fines, mandatory alcohol education programs, and potential jail time.
- DWAI: A person can be charged with a DWAI if their BAC is between 0.05% and 0.08% or if they are impaired to the point where they cannot drive safely. Although DWAI charges are considered less severe than DUI charges, they still carry significant penalties, including fines, license suspension, and mandatory programs.
The DUI Arrest Process in Colorado
If you are arrested for DUI in Colorado, the legal process involves several key steps:
1. Booking and Jail Time
After your arrest, you will likely be taken to a holding facility or jail, where you will be booked. The officer will document the details of your arrest, and you may be required to post bail. Depending on the severity of the offense and whether this is your first DUI charge, you could spend time in jail.
2. Court Hearings
You will receive a summons for a court appearance. It is critical that you attend all scheduled hearings to avoid additional charges or warrants for failure to appear. The court will schedule hearings for the arraignment (where you will enter a plea), pretrial motions, and possibly a trial if the case isn’t settled in negotiations.
3. License Suspension
Upon being arrested for DUI, the officer will confiscate your driver’s license. You may be given a temporary permit to drive, but you will likely face a license suspension. The length of the suspension will depend on factors such as whether it is your first offense, your BAC at the time of arrest, and whether you have prior DUI convictions.
Tip: You may be able to apply for a restricted license under certain circumstances, which would allow you to drive to work or attend essential appointments.
4. Penalties and Consequences of a DUI Conviction
A DUI conviction in Colorado can result in the following penalties, depending on the severity of your case and whether you have prior offenses:
- First Offense:
- Jail Time: Up to 1 year of probation and potential short-term jail time.
- License Suspension: Up to 9 months.
- Fines: $600 – $1,000.
- Community Service: 48 – 96 hours.
- Alcohol Education Classes: Mandatory participation.
- Second Offense:
- Jail Time: Mandatory jail time (10 days to 1 year).
- License Suspension: Up to 1 year.
- Fines: $1,500 – $2,500.
- Community Service: 120 hours.
- Alcohol Education: Extended programs required.
- Third Offense and Beyond:
- Jail Time: 60 days to 1 year.
- License Revocation: Permanent revocation.
- Fines: $3,000+.
- Alcohol Education: Extended mandatory programs.
5. The Impact of a DUI Conviction on Your Life
A DUI conviction goes beyond fines and jail time. It can affect your driving record, your ability to obtain car insurance, and your job. Some employers conduct background checks and may disqualify you if you have a criminal record or a history of driving offenses.
How to Defend Against a DUI Charge in Colorado
While DUI charges in Colorado carry severe penalties, there are defenses available that could lead to a reduction or dismissal of charges. Some common defenses include:
1. Illegal Stop
If the officer did not have reasonable suspicion to pull you over, or if the traffic stop was conducted improperly, evidence collected during the stop could be deemed inadmissible in court.
2. Faulty Testing Procedures
If the breathalyzer or blood tests were not conducted properly or the equipment was malfunctioning, the test results could be challenged. This includes instances where the officer did not follow proper protocol for administering the test or the device was not calibrated correctly.
3. Lack of Probable Cause
For an arrest to be valid, the officer must have probable cause to believe that you are driving under the influence. If there was insufficient evidence to justify your arrest, it could lead to a dismissal of charges.
If you’ve been arrested for DUI, it’s crucial to seek legal representation as soon as possible. An experienced DUI defense attorney can help guide you through the complex legal process, challenge the evidence, and work towards reducing the penalties you face. At Hebets & McCallin P.C., we specialize in DUI defense and have helped numerous clients in Colorado protect their rights and minimize the consequences of DUI charges.
