A person does not have many rights during a driving under the influence (DUI) stop. They are not able to leave once they are pulled over. They have to give them their license, their registration, and their proof of insurance. They do not have to comply with the roadside tests or blood alcohol concentration test. Additionally, they do not have to answer any questions. They may not leave if the officer wants to arrest them, but they do not have to do anything to help them arrest them.
It is best to reach out to a knowledgeable attorney to learn about your specific rights during a Greenwood Village DUI stop. A skilled DUI lawyer at Nicol Gersch Petterson could help ensure your rights are fully protected during and after a stop.
The officer does not normally search the vehicle in a normal stop and arrest unless there are drugs or a gun in plain view. Most of the time, the officer is not going to ask to search their car. If they end up towing their car because the person is too impaired to drive, then they could search it during a tow later.
Someone needs to consent to a search of their vehicle during a typical traffic stop, but it is fact-specific. If they do not have probable cause to search the car like evidence sticking out that is illegal, then they need consent. For example, if they have something illegal hidden in their trunk and they are not able to see it, then they have to give consent. They could not just search it right there. However, if there is a gun in the passenger seat and the officer could see it, they would probably be able to obtain probable cause to search the car at that point.
The Greenwood Village DUI stop is not considered illegal if the driver was not read their Miranda rights. Miranda rights are not necessary for DUI stops. It is an Express Consent Advisement which is given instead.
Express Consent is if a person is driving on the roads of Colorado, they have given their consent to comply with a blood or breath test if pulled over and the officer suspects them of drinking. If they refuse to take that test, there are heftier consequences against their license. However, they could choose between taking a breath test or taking a blood test. When the officer reads them their Express Consent Advisement, they are telling them that they have this choice. If they refuse, they could lose their license up to a year with a possibility of license reinstatement.
Some important things someone should know about a Greenwood Village DUI stop is that they do not have to do roadside tests. The officers specifically ask a person if they would like to participate in voluntary roadside maneuevers, which means just that, they are voluntary! If they do not do perform these tests, they are not going to be able to gauge their balance or coordination so don’t do them! It is important people know that it is optional to do those, and attorneys would probably recommend not doing them.
An individual can refuse to take a blood alcohol concentration (BAC) test at any time, as such tests are not mandatory. However, their driver’s license will be revoked for one year, they will be prohibited from driving for 60 days, and they will have an interlock restricted device installed for up to two years after those 60 days if they decline a BAC test.
In a DUI stop, a driver could ask to speak to a lawyer at any time. The officer could still arrest them without letting them talk to a lawyer first. The officer is going to do an Express Consent Advisement. The person is not going to get Mirandized in a DUI. They have their own version of how they do DUI arrests. They advise them of express consent, place them under arrest, and they take them into custody or to detox. The person could ask to speak to a lawyer, but they are going to be able to do the rest of their investigation and let them talk to a lawyer later. It is different than a normal arrest.
It is important to know and understand your rights during a Greenwood Village DUI stop. Let Jenn and Justie at Nicol Gersch Petterson help your situation. Call today to learn more about how we can help.