Summer is a time for fun in the sun, barbecues, and road trips. However, it is also a time when law enforcement agencies across the country ramp up efforts to curb drunk driving. With an increase in DUI checkpoints and roadside stops during the summer months, knowing your rights and navigating these situations effectively is essential.
Understanding Your Rights at DUI Checkpoints
DUI checkpoints are legal in most states as long as they meet certain criteria set by the Supreme Court. Officers may randomly stop drivers at these checkpoints to check for signs of impairment. It's important to remember that you have rights when stopped at a DUI checkpoint. You have the right to remain silent and not answer any questions that could incriminate you. (Note that there's a Supreme Court case that says that in order to remain silent, you need to actually say that you are asserting your right to remain silent. We agree that's weird, but that's the law.) You also have the right to refuse field sobriety tests or portable breathalyzer tests without facing additional penalties.
Dealing with Roadside Stops
If you are pulled over for suspected drunk driving, staying calm and polite during the interaction with law enforcement is crucial. Be sure to provide your license, registration, and insurance information when requested. You are not obligated to answer any questions beyond providing identifying information. If an officer asks if you've been drinking, you can politely decline to answer or simply state that you do not wish to speak without your attorney present.
Handling Field Sobriety Tests
Law enforcement officers commonly use field sobriety tests during roadside stops to assess a driver's level of impairment. These tests include walking in a straight line or standing on one leg. While officers may use the results of these tests as probable cause for a DUI arrest, they are subjective. Various factors, such as weather conditions or physical disabilities can influence them. It is within your rights to refuse field sobriety tests without facing immediate penalties.
Officer Requests a Breath or Blood Test
If law enforcement officers develop what they believe to be probable cause for an arrest, Colorado law then gives them the right to ask you to take a breath or blood test. (Note that if they believe you have used drugs, including prescriptions drugs or marijuana, they may only offer you a blood test.) This can be a tricky decision. If you take the breath or blood test, the results may be used against you in court or at a DMV Hearing. If you refuse a test, the fact that you refused can be used against you, and you may face a suspension of your driving privilege for the refusal. If you insist on speaking with an attorney before choosing, the officers are allowed to treat that as a refusal of the test itself.
Legal Options After a DUI Arrest
If you are arrested for DUI following a checkpoint or roadside stop, seeking legal representation is essential. A skilled DUI defense attorney can help navigate your case and work towards minimizing potential consequences such as license suspension or jail time. They can also challenge evidence against you and negotiate plea deals on your behalf.
Colorado Springs DUI/DWAI Defense Attorneys
If you find yourself in need of legal guidance or representation regarding a DUI charge, The Gasper Law Group is here to help. Our experienced team, located in the heart of Colorado Springs, CO, understands the complexities of DUI defense and is dedicated to protecting your rights. Don't let a DUI charge disrupt your life. Contact us today at (719) 212-2448 to discuss your case and discover how we can assist you in navigating the legal system with confidence.