Driving under the influence (DUI) is a serious crime in Colorado. If a person is suspected of DUI, they could be arrested and face harsh consequences. Speak to a knowledgeable attorney to learn about the process for Greenwood Village DUI stops and arrests. Jenn and Justie at Colorado Lawyer Team have years of experience helping people fight their case. We know what to look for when building a defense. Let an experienced DUI attorney help you understand your rights and legal options following an arrest for driving under the influence.
The DUI Stop-Process
What Greenwood Village officers look for in drivers before pulling them over for a possible DUI includes indications of bad driving or anything that would be considered illegal in a car. For example, the officer would look for illegal window tint, expired registration, expired tags, or bad driving such as failure to signal, weaving, or speeding.
After that, the officer contacts them, comes up to their window, and asks them to roll down the window to talk to them. At that time, the officer is going to ask for their license, proof of registration, and proof of insurance.
The officer is watching them the whole time, observing how they are acting and looking for signs of impairment. For example, they will look for:
- Fumbling with getting their documents
- Bloodshot eyes
- If they smell like alcohol
- If they are slurring their words
They are also probably asking them questions at that time. Where did they come from tonight? Where are they going? Have they been drinking? This is to try and get them to engage in talking and make admissions to drinking alcohol.
After the officer makes that first assessment, if the person is able to provide all those documents, they take them back to their car, run their license to make sure everything is valid, and then comes back to talk to them more.
If the officer suspects they are under the influence of alcohol, the officer may ask them to step out of the car at that time and ask to participate in a variety of roadside maneuvers, which are voluntary. They do not have to do them. The officer is going to try to gather information based on those roadsides to see if their ability to drive is altered in any way. Based on that, the officer decides whether to place them under arrest. An officer might also offer a PBT (Portable breath test) right there on the side of the road. A PBT is completely optional and a DUI defense attorney will usually recommend not participating in a PBT as they are not reliable and only used to determine probable cause for an arrest of an individual.
Where Is an Individual Taken Immediately Upon Arrest?
Immediately upon being arrested for a DUI in Greenwood Village, an individual can expect to be transported to the police station or a detox facility. If a breathalyzer test is required, the individual will be taken to the police station or substation.
Prior to the administration of the breathalyzer test, the individual will be continuously observed by an officer for approximately 20 minutes to ensure that they are not ill or swallowing anything. If the individual refuses chemical testing, the officer will likely keep them in custody until the results of their breathalyzer tests are zero, after which time a sober party may pick them up, or they will be released.
Mistakes to Avoid During a Stop
Some of the biggest mistakes a person should avoid doing during a DUI stop include talking too much. The officers are trying to get them to talk and are writing down everything they say, so the more they talk, the more they are going to say that is going to be incriminating. Also, they might show signs of intoxication. For example, they might be slurring their words.
Answering Questions
If the officer asks them questions, they could stay silent. They do not have to answer them, or they could answer with one word, such as yes or no. If the officer wants to keep talking to them, they could say they do not want to talk.
Roadside Tests
The roadsides get people in trouble because these are not the types of maneuvers that most people could do even if they had not been drinking. For example, the officer could have them stand on one leg, walk heel to toe, or participate in HGN testing.
Often, people have trouble with these different types of balance maneuvers for various reasons, like the shoes they are wearing, an injury, or just bad coordination or balance. By doing those roadsides, they are giving the officer more information to be used against them.
