If you are pulled over by Denver police and you are charged with DUI, or are concerned about being charged with DUI:
Choose Not to Perform the Field Sobriety Tests
It is almost certain that the officer will fail you on these tests. If the police officer has reached the point of making you get out of the car, he is likely intent on arresting you anyway. The field sobriety tests are voluntary, and since doing them will only produce additional evidence for the prosecutor in your case, you should decline to do them.
Do Not Speak to the Police Officer
Being pulled over is intimidating, and you will likely feel that you have to respond to the officer's questions. However, you have a constitutional right to remain silent. This means that if you didn't say a word to the police, the prosecutor would not be able to tell this to a jury. The best way to handle the situation is to hand the officer your driver's license, registration, and proof of insurance without saying a word.
Decline to Take the Hand Held Breath Test
Denver area police will not invest the time to arrest you and take you to the station unless they are convinced that you will be over the limit. This is why they will ask you to blow into a small device while you are still at the scene of your traffic stop. The results of this test, called a "PBT," are not admissible as evidence in court. However, while the jury is prohibited from knowing the results, the prosecutor could nonetheless tell the judge what the result was at the time of sentencing in your case. A bad test result will not be mentioned in court if you refuse to take it.
Choose to take a Breath Test
It does not look good to a jury if you refuse to take the breath test once you get to the police station. Naturally, the jurors will have the suspicion that you were hiding something when you refused. It is better to let your criminal defense attorney attack the reliability of the breath machine results. Please remember this important legal point: If you refuse the breath test, the District Attorney can tell the jury that you refused. But, and this is very important, if you refuse to speak to the officer, the District Attorney will never be allowed to tell this to the jury.
Be Respectful to the Police Officers
It is best to remain silent altogether. However, whether you speak or not, be respectful at all times. Aggressive or impolite behavior will look bad to the judge later in court. Further, the prosecutor could argue to the jury that you were acting out as a result of being under the influence and having impaired judgment.
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We will answer any questions you may have about your case, or the law in Colorado.