Seeing police lights in your rearview mirror can be frightening, especially when a routine traffic stop turns into a DUI investigation. In Colorado, you have the right to remain silent about potentially incriminating matters and generally may decline voluntary roadside sobriety tests. However, you must comply with certain lawful requests, and refusing a required chemical test after a DUI arrest can carry serious consequences.
At Grabski & Shah, we help clients examine DUI stops, arrests, and the evidence used against them. Our experienced criminal defense lawyers can review what happened and explain possible defense options. We serve clients in Colorado Springs, Colorado, and throughout the surrounding areas. Reach out to us to discuss your situation and find out how we can help.
Police Need a Lawful Basis for a DUI Stop
A police officer needs a lawful basis to stop your vehicle. That could be an observed traffic violation, such as speeding, or reasonable suspicion that you committed an offense, including impaired driving. If the stop itself was unlawful, evidence obtained afterward may become an important issue in your defense.
During a lawful traffic stop, you generally must provide documents such as your driver's license, vehicle registration, and proof of insurance when requested. You do not, however, have to volunteer potentially incriminating information.
An officer may ask where you have been, whether you have been drinking, or how much alcohol you consumed. Your answers can become evidence. You can remain polite while declining to answer questions that could incriminate you.
Avoid arguing with or physically resisting an officer at the roadside. Questions about whether the stop was lawful are better addressed later, when we can examine police reports, body-camera footage, dash-camera recordings, and other evidence.
You Can Generally Decline Roadside Sobriety Tests
If an officer suspects impairment, you may be asked to perform standardized field sobriety tests, such as the walk-and-turn or one-leg stand. In Colorado, roadside sobriety tests generally require your voluntary consent unless the officer already has probable cause to arrest you for impaired driving. A refusal may nevertheless become part of the evidence in the case.
Test performance can also be affected by circumstances unrelated to alcohol or drugs. Injuries, physical limitations, footwear, uneven ground, weather, fatigue, and nervousness may affect what an officer observes. Video footage can therefore be important when evaluating how the tests were administered and whether an officer's written description matches what occurred.
Roadside testing should not be confused with Colorado's Expressed Consent requirements. Under Colorado's Expressed Consent Law, drivers arrested for suspected DUI may be required to provide a blood or breath sample when the legal requirements are met. Refusing or failing to cooperate with required testing can result in driver's license consequences, and evidence of a refusal may also be used in court.
You Can Remain Silent and Request Counsel After Arrest
An arrest does not mean you have been convicted. What you say and do afterward can still affect the evidence in your case, so staying calm and understanding the difference between questioning and required chemical testing matters.
Several practical steps can help protect your rights:
Remain calm: Do not physically resist arrest, even if you believe the officer made a mistake.
Limit your statements: You can exercise your right to remain silent instead of explaining or arguing about the allegations.
Request our legal counsel: You can ask to speak with us before answering custodial questions. However, requesting counsel does not give you the right to delay a required Expressed Consent chemical test while waiting for legal advice.
Remember important details: When possible, note what officers said, what tests they requested, and how events unfolded.
Avoid discussing the case: Do not post details online or discuss the facts unnecessarily with others.
Exercising your rights does not require being confrontational. You can cooperate physically with lawful police instructions while declining to answer potentially incriminating questions.
An Unlawful Stop or Flawed Testing Can Affect the DUI Case
A DUI arrest does not automatically result in a conviction. The prosecution still has to prove the charged offense, and evidence from every stage of the investigation may affect the case.
We can examine whether police had a lawful basis for the traffic stop and whether sufficient grounds existed for later actions. Body-camera footage, dash-camera recordings, dispatch records, police reports, witness statements, and roadside testing evidence may reveal inconsistencies or other issues.
Chemical testing can also require careful review. Depending on the circumstances, questions may arise about testing procedures, equipment, sample collection and handling, documentation, and timing. A reported test result should be considered alongside the circumstances in which the evidence was obtained.
We can also compare written reports with video evidence. If an officer reports significant balance problems but the footage shows something different, that discrepancy may warrant closer examination. Working with our experienced DUI defense services can help you identify which issues may matter in your particular case.
Let Grabski & Shah Review What Happened During Your DUI Stop
What happened before, during, and after your DUI arrest can affect the case against you. We can review why police stopped you, what questions and tests were requested, whether officers followed Colorado law, and whether video or chemical-test evidence raises issues that could affect your defense.
At Grabski & Shah, we represent people facing DUI allegations in Colorado Springs and surrounding areas. If you have questions about your rights after a DUI stop or arrest, reach out to our DUI defense attorneys today. We can review what happened and explain your options.
