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Right to Remain Silent

You will not be able to talk your way out of a DUI arrest, and chances are that you will only hurt your defense case if you try. You do not have to volunteer information, and should not try to talk to the police in any way. The officers will find a way to use what you say against you. You could have a seemingly friendly conversation with an officer, and the officer will take the one thing you said that makes you look guilty and put it in the police report — and testify against you later.

When you are pulled over for DUI, you will be faced with making many decisions on your own, without the assistance of a lawyer. This is because you do not have a right to a lawyer at this stage. You will likely be asked if you have had anything to drink, where you are coming from, where you are going, if you are willing to take a BAC test, and so on. You do not have to answer any questions, or take any tests whatsoever. (It is, however, usually best to agree to take the BAC test) Generally, you will not be held in jail overnight whether you are cooperative or not, so don’t feel compelled to cooperate with the police in order to be released sooner.

Most Denver police agencies use a set list of questions in every DUI case. You will likely be asked these questions during the 20 minute “observation period” you must go through during the breath testing procedure. The first questions seem harmless, such as do you have any injuries? Are you taking medication? The questions that follow are designed to help the District Attorney to prosecute you successfully. These include, were you driving a vehicle? Where were you drinking? How much alcohol did you consume? You should never answer any of these questions. Your answers to these questions give the prosecutor more ammunition against you in court. On the other hand, not answering the questions can not hurt you at all because of your Constitutional right to remain silent.