December 15, 2015

Rights Motorists Have during DUI Stops

Rights Motorists Have during DUI Stops

DUI stops can unsettling and even scary. When drivers understand the rights that they have during these stops, however, they can make the right choices to protect their rights – and to minimize the chances they will face additional legal problems moving forward.

Drivers’ Rights in DUI Stops

When a police officer pulls a motorist over for a DUI stop, that driver will generally have the right to:

  1. Remain silent after informing the officer of his or her name – In other words, the only thing that drivers are usually required to tell police during a traffic stop is their full legal name. Aside from that, motorists are not required to speak to police. And knowing this can help drivers limit their verbal communications with cops, limiting the potential evidence of impairment (e.g., slurring speech, smelling of alcohol, etc.) officers are able to gather during the stop.
  2. Refuse field sobriety testing – In fact, because refusing this testing will not cause drivers to incur any automatic penalties, it will usually be a good idea to refuse such testing when there is a significant probability of failing it. Drivers should, however, be aware that refusing this testing will typically cause an officer to request BAC testing.
  3. Choose between breath or blood tests if requested – When a police officer requests BAC testing during a DUI stop, motorists will have the right to choose what type of test they would like to submit to. Although there can be pros and cons to taking breath versus blood BAC tests (and vice versa), what motorists need to know is that refusing this testing will come with an automatic penalty (which is typically a minimum of a one-year driver’s license suspension).
  4. Be Mirandized upon arrest – In other words, drivers who are arrested for alleged drunk driving (or other alleged offenses) have the right to be Mirandized so that they are informed of their rights. When this right is not honored and police end up questioning people following an arrest, anything the arrested individual says at that point (even if it’s a confession) may be thrown out of court later.
  5. Request a lawyer following a DUI arrest – And this may be the single most important right to know about because requesting an attorney ASAP following a DUI arrest can be the key to a strong defense – and the best possible outcomes to a DUI case.

Contact a Broomfield DUI Attorney at The Datz Law Firm

Have you or a loved one been charged with a DUI in Colorado? If so, a Broomfield DUI lawyer at The Datz Law Firm is ready to provide you with superior defense representation. At The Datz Law Firm, we know how stressful and consuming serious legal problems can be. That’s why we’re here to help you resolve your legal issues, get through these challenging times and move forward into a brighter future.

To schedule an initial consultation with one of our attorneys and find out more about your best DUI defense options, call our firm at (720) 256-2404, or email us using the contact form at the top of this page.

From our offices in Broomfield, we represent clients throughout the Denver metro area, as well as throughout Boulder County, Broomfield County, Jefferson County, Weld County, Adams County, Arapahoe County and Douglas County.

Categories: DUI, DUI Laws