DUI Stop

A DUI STOP – WHAT TO DO:

• Most DUI arrests happen at night.
• A DUI Stop is intimidating.
• The flashing lights of a Police Car are unnerving.
• If you are stopped for a driving violation and the officer believes you are intoxicated, you should take the following steps.

FIND A SAFE PLACE TO PULL OVER:

• Don’t panic. Once a police officer flashes his overhead lights, the decision to initiate a stop has been made.
• You should find a safe place to pull over.

OFFICER OBSERVATIONS:

• Officers are trained to make observations. One of the first observations made is whether a driver can safely pull over and park.
• You should pull safely off the road and turn off your vehicle.
• Take your keys out of the ignition and place the keys on the passenger seat.

DO NOT MAKE ANY SUDDEN OR SUSPICIOUS MOVEMENTS:

• Officers are trained to take safety precautions.
• They will almost always park behind your vehicle and approach the driver’s side window from the back.
• On a busy road they will approach the passenger side for safety.
• Roll your window down. Do not twist in your seat and watch the officer approach.
• A good idea is to keep both hands on the steering wheel.
• Officers are looking at you and will record many observations of the interaction with a driver and even a passenger.

BE POLITE:

• A driver is far more likely to be released from a traffic stop, if he/she is polite and respectful.
• Officers are trained that drunk drivers exhibit rude and disrespectful behavior.

DO NOT ANSWER INCRIMINATING QUESTIONS BUT TELL THE TRUTH WHEN ANSWERING INQUIRIES:

• The officer can ask you your name and produce your identification. Don’t lie. Tell the officer your name.
• Have your driver’s license, registration and insurance card ready to be produced.
• If you are asked if you have been drinking and how much you have had to drink, politely advise the officer that you are going to assert your right to remain silent.
• If you decide to answer the officer’s questions, then tell the truth.

DO NOT TRY TO TALK YOUR WAY OUT OF IT: Do not volunteer information or guess why you were pulled over.

• Do not tell the officer you only had a couple of drinks.
• Do not ask the officer to cut you a break.
• Drivers in the most trouble seem to spend the most time attempting to talk their way out of it.

EXIT THE VEHICLE IF ORDERED TO DO SO: If an officer orders you to exit the vehicle, then comply with the order.

• If you refuse, you could face a charge of resisting arrest.
• You should exit the vehicle and stand up straight and keep your hands to your sides if you can.
• Try not to lean on the vehicle.

YOU CAN REFUSE TO PERFROM ROADSIDE SOBRIETY TESTS. You should politely refuse the officer’s request to perform roadside sobriety field tests. Roadside sobriety tests are inherently unfair.

• Maybe a world class athlete or a ballerina can perform these tests, but the rest of us will fail, even if we are sober.
• Furthermore, whether the driver passed or failed the tests is a subjective determination.
• Most officers want you to fail.

POLITELY DECLINE TO BLOW INTO A HAND-HELD BREATHYLYZER.

• Portable Breathalyzers (PBT’s) can be inaccurate. In Colorado, the results of these hand-held devices are not admissible in trial.
• You do not have to blow into a PBT. The filters in these devices retain breath alcohol.
• Each person who blows into the device skewers the reading of the next person.
• The purpose of these hand-held devices is not to provide an accurate BAC, but simply to let the officer determine if you have been drinking.
• Politely decline to blow into a PBT.

SUBMIT TO A BREATH TEST OR A BLOOD DRAW AT THE POLICE STATION. My belief is this. If you are asked to submit to either a breath test or a blood test at the Police Station, you should make your choice and submit to one of these tests. I prefer a blood test over a breath test.

In Colorado, when you applied for your driver’s license, you “expressly consented” that if you were suspected of driving while intoxicated, you would submit to one of these tests.

• A refusal to submit to a chemical test is not a per-se violation of Colorado criminal law.
• A refusal to submit here is a per-se violation of the Colorado Express Consent Law.
• the Police have a right to determine if you are indeed driving under the influence.
• You do not have the right to ask for an attorney before taking the blood or breath test. This will be treated as a refusal.
• DO NOT FIGHT THE HANDCUFFS. If you are placed under arrest, do not fight the handcuffs.
• Sit quietly in the back of the police car.

COOPERATE WITH THE JAIL’S BOOKING PROCEDURE.

• During the booking procedure, the Sheriff can ask you if you have any medical ailments or conditions that the jail should be aware of.
• You will be photographed and likely will be fingerprinted. You should cooperate with these procedures.
• You don’t have to answer any questions about the underlying events that led to the DUI charge.

CALL PETER ALBANI AND ALBANI LAW AT (303) 753-0900.

• When you are given an opportunity call your family and arrange to post bond. Then ask your family to call my law firm.
• Most jails will allow you to make phone calls. Don’t speak about the facts of your case on the jail house phone.
• Upon your release, Mr. Albani will speak with you as soon as possible and will guide you through the process.
• You should be aware that you face significant jail time and a lengthy probation.
• You should expect to attend DUI classes and DUI therapy. You should find an alcohol education class in your neighborhood in case you lose your driver’s license, which is very likely.
• Albani Law can help you get through it.

A DUI STOP – WHAT NOT TO DO:

• Do not try to avoid the Police.
• Do not pretend that you are unaware the Police are trying to stop you.
• Do not refuse to roll down your window,
• Do not exit your vehicle unless ordered to do so.
• Don’t be belligerent.
• Don’t taunt or ridicule the officer.
• Don’t threaten the officer.
• Don’t refuse the officer’s orders.
• Don’t joke with the officer and pretend that the stop is no big deal.
• Don’t play the blame game.
• Don’t criticize the law.
• Don’t act up or complain about the handcuffs.
• Don’t complain that the officers will tow your vehicle.

LITTLE KNOWN FACTS ABOUT DUI ENFORCEMENT:

• 75% of all DUI enforcement officers work the night shift. The shift runs from 6:00 PM to 6:00 AM.
• If you drive drunk between 10:00 PM and 3:00 AM, your chances of getting caught rise exponentially.
• Most DUI arrests occur over weekends and holidays.
• The following holidays produce the most DUI arrests in Colorado. Independence Day, Memorial Day, Labor Day, Christmas Eve and New Year’s Eve.
• Most DUI arrests take place in the Summer and Fall or during ski season.
• DUI arrests skyrocket following a Broncos game.

COMMON LOCATIONS IN DENVER AREA FOR DUI ARRESTS:

• The bars in LODO.
• The clubs in RINO.
• The Lower Highlands.
• Mile High Stadium, the Pepsi Center, Coors Field, and Dick’s Sporting Goods Field.
• I-25 from the Denver Tech Center to I-70.
• I-25 between 104th and 120th Avenues.
• C-470 west of I-25.
• I-70 near Northfield.
• Denver University.
• University of Colorado and the Highway 36 Corridor.
• I-25 south of Castle Rock.

COMMON MOUNTAIN LOCATIONS FOR DUI ARRESTS INCLUDE:

• DUI arrests are common all along I-70,
• DUI arrest are common on Highway 285 in Park and Jefferson Counties.
• DUI arrests are common on Highway 9 from Breckenridge over Hoosier Pass to Fairplay including Alma.

If you are going to drink the best way to avoid a DUI is not to drive.

For a free consultation on a DUI drug charge, contact Albani Law at (303) 753-0900.

NOTES ON BLOG PAGE: This blog page contains the professional opinions of Peter Albani DUI Attorney.

These opinions are not made as promises or guarantees.

This blog page is general in nature and does not apply to any one particular driver, defendant or party.

This blog page does not apply to a particular case.

Reading this blog page does not create an attorney-client relationship.

This page is for information and consultation purposes only.

This blog page is not intended for use in a courtroom.

The law is complicated.