Note: From the second you start interacting with an officer, the officer is noting everything you say and do to use as evidence in their case against you.
Stay in your car and leave your seatbelt on unless the officer asks you to step out.
Note: How easily you find your driver’s license, registration and insurance will be noted on the officer’s report.
If asked to take a Chemical Test (breath, blood or urine test) you should do so, but you should request a private consult with an attorney before doing so.
When your driver’s license was issued, you agreed to take such a test if ever pulled over. It’s called the Implied Consent Law. Refusal to submit to chemical testing is an automatic license suspension, labeled as a PDD and comes with a required two years of Ignition Interlock.
You do not have to agree to the search of your car. You have the right to say no and you don’t need to explain why.
Remember: Your words can be used against you in the case.
If the officer has enough reason to search the car, he/she will secure a warrant.
Usually, the search question is veiled and phrased like:
You don’t have a problem with me looking in your car?
You don’t mind if I look in your car, do you?
I’m just going to take a quick look inside, okay?
You can politely refuse to answer questions.
Usually, the officer will ask you a few questions about what you’ve had to drink.
A simple response of “I can only answer your questions on the advice of my attorney” can go a long way in the outcome of your case.
You don’t have to call an attorney right then. That simple statement effectively stops any questioning by invoking your constitutional rights.
Even when the officer reads Miranda rights to you, the answer should be the same.
After the officer is done with the street investigation, you will most likely be taken to city or county jail and your vehicle impounded.
Cooperation means being polite and maintaining a good attitude. It does not mean answering questions or doing unnecessary tests.
Your attitude, mannerisms and words all become part of the Officer’s report/case.
This is not the time to cry, apologize, confess or crack jokes.
Request for a copy of your police report at the headquarters of the department that was involved in your arrest. You will be able to have more fruitful consultations with attorneys in developing your defense strategy.
Take an inventory of all paperwork received from the police and read it thoroughly
There is no cost to do this and will provide a lot of insight to your options
A public defender may be able to help, but their efforts will be limited to the criminal side of the case and will be unable to assist you with the MVD actions that occur concurrent with the DUI.
After your arrest, the officer will confiscate your license and may give you an Order of Suspension along with a temporary license that will notify you that your license will be suspended in 30 days. Once your temporary license expires, the DMV will automatically suspend your license unless a hearing at the DMV is requested within 10 days of receiving your ticket.
The Colorado DMV is very strict with this timeline; once it’s past there is nothing that can be done.