Drunk driving traffic stops can be distressing, especially if motorists are not sure about how to protect their rights when interacting with police during these stops.
What can complicate the situation further, however, is when drivers believe certain myths about DUI stops and arrests – and they let these myths misguide them into making certain mistakes that could come back to bite them later.
To clear the air and make sure you know the facts, below, we have debunked some common – and potentially harmful – myths about DUI stops and arrests. While our discussion provides some important insight about what you can to do to protect yourself during a DUI stop (or at a DUI checkpoint), however, don’t hesitate to contact our trusted Boulder DUI attorney when you need straightforward advice regarding your best DUI defense options.
Common Misconceptions about DUI Stops & Arrests in Colorado
- I should tell a traffic officer that I have been drinking alcohol – Wrong! While you should not lie to police, you are also under no obligation to share every piece of information with them – especially if that information can be used as evidence against you later.
- Takeaway: If you have bene drinking alcohol, do not disclose this to the traffic officer. It will not help you or your case, and it can serve as probable cause for an officer to request field sobriety testing. These admissions can also be documented in the police report to affirm that you did admit to consuming alcohol.
- I have to take the field sobriety test – Wrong again! Submitting to field sobriety testing is completely optional (despite the fact that police will not make it sound like an option). This means that you can refuse this testing without incurring any automatic penalties (i.e., a driver’s license suspension).
- Takeaway: Strongly consider exercising your right to refuse field sobriety testing, as these tests can be far less objective or standard than you realize. This can set drivers up for failure – and it can be another way drivers may inadvertently give up more possible “evidence” that be used against them later to try to establish intoxication.
- I can refuse BAC testing without any penalties – Not true! With BAC test refusals, there are automatic penalties, which will be a driver’s license suspension of at least one year. Although there can be some strategic advantages to refusing BAC testing when drivers have really high BACs, in general, it’s also important to be aware that refusing testing can be used against motorists and that BAC tests are not always accurate or definitive.
- Takeaway: Carefully consider whether you want to refuse BAC testing, and be aware of the potential impacts of your choice.
- I don’t need to contact a lawyer after a DUI arrest – This may be one of the most harmful myths about DUI stops and arrests to buy into because it can prevent motorists from understanding and pursuing their best defense options.
- Takeaway: As soon as possible after a DUI arrest, consult an attorney to find your best steps for proceeding in order to bring your case to the best possible resolution.
Contact a Boulder DUI Attorney at Peter Loyd Weber & Associates
If you or a loved one has been charged with drunk driving in Colorado, a Boulder DUI attorney at Peter Loyd Weber & Associates is ready to immediately start defending you. Our primary concern is protecting your constitutional rights throughout the criminal process while helping you obtain the best possible outcome to your case.
To talk about your defense and how we can help you, call us today at (720) 863-7755 or email us using the contact form on this page. We offer complimentary consultations, and we take pride in always being available to our clients – 24 hours per day, 7 days per week – so that they have the personal attention their case deserves.