Denver Colorado Criminal Law Blog

Make Sober Decisions When Pulled Over for DUI

The best precaution against being pulled over for suspected DUI is staying sober before you drive or seeking a ride with a ride service or friend if you drank too much.  But if you find yourself in the legally perilous position of a DUI stop, you should take these precautions.


Remaining calm and keeping your composure is an important tactic during these stops. If police signal you, pull over slowly and park your vehicle.

Be as polite as possible to the police officer. Police may be more lenient to those who are respectful instead of belligerent. Motorists should provide their license, vehicle registration and insurance card to the police if requested. Step out of the vehicle if asked.


You possess constitutional rights if you are stopped for suspected drunk driving, such as the   right to remain silent. Respectfully decline to answer police questions about, for example, your activities or how much you drank.

Sobriety Tests

Colorado utilizes two types of sobriety tests. The first test is a field sobriety test which is a test of physical tasks which does not measure alcohol levels but seeks physical signs of impairment. Tests usually include standing on one leg, walking in a straight line, or moving your eyes in one direction.

Motorists have the right to refuse field sobriety tests in Colorado. They should carefully consider exercising their refusal rights.

Police instructions on performing these tests may be confusing or vague. Determining the results of these tests is especially subjective. Performance may also be impacted by fatigue, nervousness, lack of coordination or failure to understand instructions.

Police can also request that a driver undergo a breath or blood alcohol test to determine blood alcohol content levels at a police station or medical facility if they had probable cause to make the stop. Under the state’s implied consent law, refusal of these tests can lead to the one-year suspension of a driver’s license for the first refusal, two years for the second refusal and three years for the first refusal.

The reliability of breathalyzer results is often attack in these cases. These are typically less dependable than blood tests.

Write Down Everything

If you are pulled over for suspected drunk driving, take detailed notes. This includes how much alcohol you consumed, when you were pulled over, how the police acted, the names of the officers involved, and their statements. If you consent to a field sobriety test, make detailed notes on how it was conducted and anything that may have impacted the results.

An experienced attorney can help protect your rights. They can also pursue your interests in court trials and plea negotiations.

Peter Albani round headshot Criminal defense attorney Denver, Colorado

Colorado Criminal Defense Attorney

Peter Albani is a Colorado criminal defense attorney with a statewide law practice. He routinely represents clients on criminal matters ranging from DUI to homicide. Albani Law represents clients in Park County (Fairplay), Summit County (Breckenridge), Lake County (Leadville), Eagle County (Eagle), Chaffee County (Salida), and all Front Range Colorado Counties.

Call Peter at (303) 753-0900 and he will take your phone call personally.

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