https://www.cbsnews.com/colorado/video/csp-demonstrates-what-happens-when-drivers-are-pulled-over-for-dui/
In honor of Opening Day for the Colorado Rockies last week, CBS News did a story on DUI enforcement with the help of the Colorado State Patrol.
How do officers identify potential drunk drivers?
How do most drivers get caught for DUI offenses? In most cases, there aren’t DUI checkpoints after Rockies games or other big sporting events that catch drivers under the influence. Instead, officers are looking for drivers who commit any type of moving violation, including running lights and stop signs, weaving in traffic, driving too closely, or speeding. When people are pulled over for these traffic violations, the officers look for signs of impairment in the drivers, including bloodshot or watery eyes, and slow or slurred speech.
What happens if a CSP officer suspects a driver is impaired?
If there is reasonable suspicion of impairment, the officer may then ask the driver to complete a field sobriety test. These are movement tests that are done on the roadside to look for signs of impairment. They include the horizontal gaze nystagmus test (looking for involuntary eye jerking increased by alcohol), the walk and turn test, and the one-leg stand test. Drivers are not required by law to perform these field sobriety tests, and since factors other than alcohol can negatively affect performance, it is often recommended that you decline to do them. The Colorado State Patrolman in the video shows brief examples of people performing these tests.
If the officer still suspects impairment, they may then ask the driver to do a roadside preliminary breath test (PBT). This is a handheld breathalyzer test that gives an estimate of your blood alcohol content (BAC.) Drivers often think they are required to do these roadside breath tests, when in fact you are not required to do them. Since there can be errors in these PBT tests, it is often recommended that you decline to do the handheld breath test.
What happens if the officer decides there is probable cause to arrest you?
Based on observations or your driving, the field sobriety tests, and the preliminary BAC tests, if the officer feels there is probable cause to prove that you are impaired, they will then arrest you for suspicion of Driving Under the Influence, or Driving While Ability Impaired. They will bring you to the police station, where you will be asked to give an evidentiary chemical/BAC test. This can be a breath test on the tabletop machine at the station, or a blood test done by the paramedics.
You can choose which of these tests you want to do, but these are less “optional” than the handheld tests described above. In Colorado, if you refuse this test, you will automatically lose your driver’s license for one year, and the refusal can be used against you in court. Therefore, in most cases it is recommended that you do this evidentiary BAC test. In the CBS news video, the officer talks about the breathalyzer tests, but they don’t distinguish between the roadside test and the evidentiary test at the police station.
Enjoy the summer months safely!
The news video is a great reminder to everyone that it’s to have fun at the Rockies games, but make sure you have a plan for getting home that doesn’t involve driving under the influence! You can carpool, take the light rail or bus, or use a rideshare to get home! As summer approaches, people are more likely to gather and have some drinks. Don’t forget to make a plan for getting home safely so you don’t find yourself in a video like this one.