Colorado Diversion Program Every parent’s nightmare is the call late at night from their teen saying they have been arrested for driving under the influence (DUI). It certainly is no one’s intent that such events occur, but many acknowledge that experimentation with alcohol and drugs is a common rite of passage for teenagers. That said,… Read More »Learn More
What If I Get Pulled Over for DUI in Denver?
For more than 20 years, the criminal defense attorneys at Charles L. Fife & Associates, PC have represented people pulled over and arrested for DUI in Denver. Here are our tips for handling a traffic stop if law enforcement suspects you of drunk driving. Use this advice and you or a loved one may better your chances of defeating DUI charges.
Exercise your right to remain silent
If you are pulled over by law enforcement and the officer believes you have been drinking or using drugs, he or she may start asking you questions, such as "Where are you coming from?" or simply, "Have you had any drinks tonight?" Do NOT answer these questions. Even if you have only had a couple beers or glasses of wine, volunteered information can be used as evidence if charges are brought against you.
You are required to give the officer your driver's license, vehicle registration, and proof of insurance. Politely comply with these requests, but then tell the officer you will not answer any questions or provide any additional information without your lawyer present.
Again, be polite. An officer may take belligerence as a sign of intoxication and include rude or argumentative behavior in his or her police report. Also, try not to fumble when you retrieve your driver's license and registration. You may simply be scared and intimidated, but unfortunately, officers are rarely sympathetic to nervousness, and may also note clumsiness or confusion as evidence of intoxication.
You can refuse to do roadside field sobriety tests.
Field sobriety tests, such as walking in a straight line and touching your nose, are used to gather evidence against people suspected of drunk driving. You do not have to do these tests. Once a police officer has asked you to get out of your vehicle, he or she has probably already decided to arrest you. Your performance in roadside tests is very unlikely to improve your situation.
You can refuse to take a roadside breath test.
Under Colorado drunk driving laws, the breath or blood test you take at the police station (if arrested) is the one used to file charges against you and prosecute your case, not the "preliminary breath test" (PBT) administered at the side of the road. You can also refuse to take the blood alcohol content (BAC) test at the police station; however, your license may be revoked for one year. On the other hand, if you test over the legal limit, the prosecution has powerful physical evidence to use against you in court. Thus, it is arguable whether you should take a BAC test, and often depends on the circumstances of a particular case. We have obtained excellent results for clients in either scenario.
What If I Get Arrested for DUI in Denver, Colorado?
If you are arrested for DUI, contact an experienced Denver DUI defense attorney as soon as possible, and immediately schedule a DMV hearing to protect your driving privileges. Presenting your case at a DMV hearing is your first opportunity to truly assess the state's evidence against you and determine your best course of action to fight a DUI conviction.
Contact an Experienced DUI Attorney if You Are Arrested For Drunk Driving in Denver
If you or a loved one has been arrested for DUI or DWAI in Denver or anywhere in Colorado, contact Fife Luneau, PC for a free initial consultation. With experienced defense counsel on your side, you can fight DUI charges. We charge a flat fee for DUI cases, and accept all major credit cards.
I have known Charles L. Fife for 2 years now. Unfortunately, I required his personal expertise as an attorney earlier this year. I was very relieved when Mr. Fife agreed to take my case....MORE TESTIMONIALS