What should I do if
stopped by a Law Enforcement Officer (LEO)?
If a LEO suspects that I am DUI, What
will he do?
Are you required by law to answer a
Law Enforcement Officers (LEOs) questions?
If I do not want to answer any questions
or take any DUI tests, what should I do?
Can I win a DUI case without an attorney?
How do I find a good DUI attorney?
If I can't consult with an attorney
should I consent to a breath test?
Why aren't breath tests accurate?
If I fail a breath, blood or urine
test, can I win my case?
How much time do I have to contact
an attorney?
Should I believe the police officers
if they advise me I don't need a lawyer?
Is it legal to drink and then drive?
If I am really innocent, won't I be
found not guilty.
Can I be arrested for DUI while sleeping
in my car if I pull off the road?
Can I be charged with being impaired
by prescription drugs?
If I have a conviction for DUI many
years ago, will it affect any sentence I may get now?
What should I do if stopped
by a Law Enforcement Officer (LEO)?
Generally, the safest thing to do is remain
in your seat with your hands up on the steering wheel
in plain sight. Police, do not know if you are a wonderful
person or a crazed killer. Move slowly and be courteous.
If a LEO suspects that I am
DUI, What will he do?
After observing you in or outside your vehicle, he/she
will usually request your driver's license, vehicle
registration and proof of insurance. Following some
additional questions he/she will tell you to undergo
some Field Sobriety Tests (FSTs). Upon the conclusion
of those tests you will probably be arrested.
Are you required by law to
answer a Law Enforcement Officers (LEOs) questions?
No! Apart from answering whether
you agree to take an "implied consent" test,
you generally are not required to answer any question.
It is surely advisable to identify yourself to the officer
when stopped for proof of a traffic offense, and always
be courteous or you may get hurt.
However, you need not answer any questions
that will incriminate you.
If I do not want to answer
any questions or take any DUI tests, what should I do?
Be respectful and try to stay calm or you may actually
provoke a Law Enforcement Officer (LEO) to take inappropriate
action that will harm you. Politely request an attorney
to assist you and call one immediately upon being given
the opportunity.
If you can not speak to your attorney
and wish to refuse the tests , you can inform the Law
Enforcement Officer (LEO) that you do not want to cooperate
until your lawyer so instructs you. Keep in mind that,
in Colorado, your driver's license will be suspended
for 1 year if you refuse the tests.
Can I win a DUI case without
an attorney?
Most probably not! It would be something like a brain
surgeon operating on himself. DUI has become a very
specialized area of the law.
How do I find a good DUI attorney?
The same way you find
a good doctor or an accountant. The best way is through
an informed recommendation, usually from another lawyer,
or by reputation.
If
I can't consult with an attorney should I consent to
a breath test?
That answer depends on several things. Included
in that list is how much you have had to drink? If you
have had very little or nothing, then I would absolutely
take the test. Even though I do not have any confidence
in it, if you have had very little to drink over several
hours (one or two regular size drinks) you should be
fine. Remember, you will lose your license for one year
if you refuse the test.
Why aren't breath tests accurate?
Every breath machine operates upon physiological assumptions
that just are not accurate. Some of them are subject
to internal contamination as well as external interferences
such as radio frequency interference or magnetism. Blood
tests, which are sometimes erroneous and should be excluded,
generally are far more accurate.
If I fail a breath, blood
or urine test, can I win my case?
Of course you might.
Outstanding DUI lawyers know many ways to attack the
results. There methods range from arguing that the Law
Enforcement Officer (LEO) did not carefully observe
you the period required by law, attacking the manner,
method and time of calibration of the machine, the number
and proximity of breath tests, the quality of materials
used in the machine, any repairs made to the machine,
the blood/breath ratio, whether the driver was on the"rise".
et-cetera. There are many more opportunities for a thoroughly
knowledgeable DUI attorney to explore.
How much time do I have to
contact an attorney?
If you could not reach a lawyer while in jail
you should contact a good one as soon as practicable
after getting out. There are some procedures that take
place very soon after your release; time may truly be
of the essence.
Should I believe the police
officers if they advise me I don't need a lawyer?
Only if you believe that Little
Red Riding Hood should have heeded the advice of the
Big Bad Wolf. The Law Enforcement Officer (LEO) is not
your friend or legal advisor . The Law Enforcement Officer
(LEO) has sworn you are impaired and is evaluated on
his judgment and performance. He might tell you, for
example, that he will not appear for trial (and police
sometimes tell arrested drivers that). If he really
meant it, not only would it be malfeasance at the very
least, but one might wonder why didn't he just let you
take a taxi-cab home rather than arrest you.
Is it legal to drink and then
drive?
If you are not a minor or on probation or
paroler, it is legal to drink and then drive. The legal
question is are you impaired or do you have an unlawful
blood alcohol level. Unless you have a special license
that permits no drinking, any adult should be able to
have some alcohol and the drive.
It must be stressed however that drinking
and then driving (we are not discussing the open-container
law) is a bad idea at best, and a selfish, stupid or
dangerous idea at worst. Nevertheless, whether your
are guilty or not, of this or any other crime, you are
absolutely entitled to and should hire the best attorney
you can find.
If I am really innocent, won't
I be found not guilty.
I am afraid that being innocent is not close
to being enough to prevail. Trials, regrettably, do
not necessarily discover that truth, although they may
seek it.
Verdicts are based upon the results
of an adversarial system. The trier of fact hears testimony
from the state that may be and often is untrue. Neither
the judge nor jury were there themselves, they only
hear the testimony sworn to before them. It is of interest
that generally only the state puts witnesses on the
stand. Defense counsel usually does not, but rather
only conducts a vigorous cross examination.
Can I be arrested for DUI
while sleeping in my car if I pull off the road?
That depends on several factors. The real question is
are you " in physical control"
of a vehicle while impaired. That is the same as driving
while impaired. The court must decide the "control"
issue: where were the keys, where was the driver, was
the engine on or off, could the driver put the car in
motion with very little effort and numerous other concerns.
It is completely unfair to penalize a driver who pulls
off the road for safety's sake.
Can
I be charged with being impaired by prescription drugs?
Yes! It is not illegal to take prescription drugs, but
it is illegal to operate a motor vehicle while you are
under the influence of prescription drugs.
If I have a conviction for
DUI many years ago, will it affect any sentence I may
get now?
It might. Your prior convictions
usually remain on your record forever and will likely
cause you additional punishment.
