Thanksgiving is often seen as a time for celebration and family gatherings, but it’s also one of the most dangerous times of the year on Colorado’s roads. As people enjoy the long weekend, many may indulge in alcohol or other substances, leading to an increased number of DUI arrests. In this blog, we will break down what happens after a DUI stop in Colorado, what you can expect from the process, and the potential consequences of a DUI arrest.
Why Thanksgiving Leads to Increased DUI Arrests in Colorado 
Thanksgiving brings together families, but it also increases the likelihood of impaired driving. The combination of travel, parties, and alcohol consumption during this time creates a perfect storm for DUI arrests. According to statistics, Thanksgiving weekend consistently sees a spike in DUI arrests across Colorado, particularly in Denver and the surrounding areas. The state’s rigorous DUI laws and aggressive enforcement strategies, especially during the holiday season, mean that drivers who are even slightly impaired can face serious legal consequences.
Colorado’s DUI laws are strict, and law enforcement agencies ramp up their efforts during peak times like Thanksgiving. This means that police officers are actively looking for impaired drivers on the road, and it’s easy to find yourself in a situation that leads to a DUI arrest if you’ve been drinking or using substances.
The DUI Process in Colorado: What Happens After the Stop?
When you are pulled over by law enforcement in Colorado on suspicion of DUI, the officer will follow a specific set of procedures. Here is an overview of the process after a DUI stop:
1. The Initial Stop
If an officer suspects you of driving under the influence of alcohol or drugs, they will initiate a stop. Common signs of impairment that officers look for include swerving, speeding, or running a red light. Once stopped, the officer will approach your vehicle and begin questioning you. They may ask for your driver’s license, registration, and proof of insurance.
It’s important to note that during this initial interaction, the officer will be observing your behavior for signs of impairment. Slurred speech, red eyes, or an odor of alcohol may lead the officer to suspect you are impaired.
2. Field Sobriety Tests (FSTs)
If the officer has reason to believe you are under the influence, they will likely ask you to perform field sobriety tests. These tests are used to assess your coordination, balance, and ability to follow instructions. Common FSTs include:
- Horizontal Gaze Nystagmus Test: This test requires you to follow a moving object with your eyes.
- Walk-and-Turn Test: You will be asked to walk a straight line and turn around in a specific way.
- One-Leg Stand Test: You will be required to balance on one leg for a period of time.
If you fail any of these tests, the officer may arrest you for DUI.
3. Chemical Tests: Breath or Blood
If you are arrested for DUI, Colorado law requires you to take a chemical test to determine your blood alcohol content (BAC). Refusing to submit to a chemical test comes with severe penalties, including an automatic suspension of your driver’s license.
- Breath Test: The officer may use a breathalyzer to measure your BAC. In Colorado, a BAC of 0.08% or higher is considered over the legal limit for driving.
- Blood Test: In some cases, the officer may request a blood test if they suspect you are under the influence of drugs or if the breath test is unavailable or inaccurate.
Refusing these tests may result in immediate penalties, including a mandatory license suspension for up to a year, even if you are not convicted of DUI.
4. Booking and Arrest
If you fail the sobriety tests and chemical tests, you will be arrested for DUI. The officer will take you to jail for booking, which involves fingerprinting, photographing (mugshot), and entering your details into the system. At this point, you will be held until you are sober enough to be released or until your bail is posted.
In Colorado, you have the right to remain silent and to contact an attorney. It’s always wise to exercise your right to consult with an attorney before speaking further with law enforcement.
Understanding the Consequences of a DUI Conviction in Colorado
A DUI conviction in Colorado carries significant penalties. The severity of the penalties depends on several factors, such as whether this is your first offense or whether you have a high BAC. Here’s a look at the potential consequences:
1. License Suspension
For a first-time DUI offense, Colorado law mandates a driver’s license suspension. The length of the suspension depends on whether you submitted to a chemical test and whether your BAC was over the legal limit.
- First Offense: If your BAC is 0.08% or higher, your license may be suspended for 9 months. However, you can apply for a restricted license after serving a portion of the suspension period.
- Second and Third Offenses: The penalties become more severe with each subsequent DUI offense. A second DUI conviction can result in a license suspension of up to one year, while a third offense can result in a suspension of up to two years.
2. Fines and Court Costs
DUI convictions come with hefty fines. These fines can range from a few hundred to a few thousand dollars, depending on the circumstances of your case.
In addition to fines, you may be required to pay court costs and restitution, especially if there was any property damage or injury involved in the incident.
3. Jail Time
For first-time offenders, jail time is often not a guarantee, but it is still possible, especially if your BAC is significantly over the legal limit or if there were other aggravating factors involved. However, for repeat offenders, jail time is much more likely.
- First Offense: A first-time DUI conviction may lead to up to one year in jail. However, alternative sentencing like probation or community service is often available.
- Second and Third Offenses: Repeat offenders face much harsher penalties, including mandatory jail time that can range from 10 days to one year, depending on the number of offenses and the BAC level.
4. Alcohol Education and Treatment
A conviction may require you to attend alcohol education classes or treatment programs. These programs aim to help individuals recognize the dangers of impaired driving and encourage better decision-making moving forward.
What Are Your Legal Options?
If you are arrested for DUI, it’s essential to consult with an experienced DUI defense attorney. A knowledgeable lawyer can help you navigate the complexities of the legal system, ensure your rights are protected, and work on securing a favorable outcome.
- Challenging Evidence: Your attorney may challenge the evidence against you, including the reliability of the chemical tests or the officer’s observations during the traffic stop.
- Plea Bargaining: In some cases, your attorney may negotiate a plea deal that reduces your charges or penalties.
- Alternative Sentencing: Depending on the circumstances of your case, alternative sentencing options like probation or community service may be available.
How Can You Avoid a DUI Arrest This Thanksgiving?
Preventing a DUI arrest starts with making responsible decisions before you get behind the wheel. If you plan to drink, always have a designated driver or use a ridesharing service. Colorado law enforcement will be out in full force this Thanksgiving, and being proactive about your safety can prevent a serious legal situation from ruining your holiday.
Thanksgiving may be a time to celebrate with family and friends, but it’s also a time to be cautious on the road. DUI arrests are more common during this time, and the consequences of a conviction can be severe. By understanding the process, knowing your rights, and taking the proper precautions, you can avoid a DUI and make your holiday season safer for yourself and others.
If you find yourself arrested for DUI, don’t hesitate to contact Hebets & McCallin P.C.. Our experienced attorneys are here to provide you with the legal guidance you need to navigate your DUI case successfully.
