• Skip to main content
  • Skip to header right navigation
  • Skip to site footer

The Datz Law Firm | Broomfield and Louisville CO

The Datz Law Firm | Broomfield and Louisville CO

Broomfield Criminal Defense and Divorce Attorney

  • Practice Areas
    • Family Law
      • Common Steps In A Colorado Divorce
      • Domestic Violence
    • Criminal Defense
      • DUI Defense
      • Violent Crimes
      • Juvenile Delinquency
    • Dependency and Neglect
    • Seal Criminal Records
    • Protection Order Help
      • Protection Order FAQ
  • Our Team
    • Jonathan Datz
    • Christopher Estoll
    • Kelly Toney
    • Jackie Gregory
    • Lynn Rutter
  • Location
  • Blog
  • Reviews
  • Contact Us

DUI – Your Rights During A Traffic Stop

May 17, 2022 by Datz Law Firm

“Have you been drinking?”

If you are stopped for a traffic offense late at night, the officer will likely approach your vehicle with the intent to conduct a DUI investigation. The first question is often “have you been drinking?” (or the more accusatory, “how much have you had to drink tonight?”).

You are not required to answer that question. You have the right to remain silent, to decline to answer that question, or to request an attorney before answering that question.

Any admission that you have been drinking will help the officer establish probable cause to request a chemical test of your blood or breath to determine your blood alcohol content (BAC).

The officer may tell you that they can smell alcohol on you or your breath. They will confront you with this claim in order to pressure you into admitting that you have been drinking and establish probable cause. Even if they claim to smell an odor of alcohol, you are not required to make any admissions and can assert your right not to answer that question.

Police are not required to advise you of your right to remain silent (Miranda) at a traffic stop. That requirement isn’t activated until after they arrest you. Therefore, you have to know and assert your rights on your own when being questioned during a DUI traffic stop.

(You are required to provide your license, registration and insurance. Always keep these items neatly located in an easy to access location. Any struggle to find and identify these documents can also be interpreted as an indication of intoxication.)

If you’re already past this point, and have been charged with a DUI, our defense attorneys can help you through this trying time.

Category: Criminal Defense, DUI Defense

Need advice on a legal issue?

Whether it’s family law or criminal defense, we’re happy to meet with you and let you know how we can help. Call us today to schedule a consultation.

Get in touch
Previous Post:Help In An Abusive Marriage
Next Post:7 Things To Do When Someone You Love Is Arrested

Sidebar

Recent Posts

  • My Husband Was Arrested For Domestic Violence – Part 2
  • My Husband Was Arrested For Domestic Violence – Part 1
  • Shared Custody Holiday Tips
  • Can I Divorce My Spouse Even If They Don’t Want It?
  • What is the “Justice System”? – a criminal attorney’s perspective

Archives

  • February 2023
  • January 2023
  • December 2022
  • October 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • October 2021
  • May 2021
  • April 2021

Datz Law Firm

(720) 879-1114

1371 Hecla Drive, Suite F
Louisville, CO 80027

Attorneys

  • Jonathan Datz
  • Christopher Estoll
  • Kelly Toney

Practice Areas

  • Criminal Defense
  • Divorce and Family Law

Social

  • Facebook
  • Google
  • Yelp
  • LinkedIn

Copyright © 2023 · Datz Law Firm · All Rights Reserved