Your DUI Legal Rights

 

SHOULD THE POLICE STOP YOU, KNOW YOUR DUI LEGAL RIGHTS

Most Americans, don’t know their DUI legal rights, particularly when a roadside (traffic) “stop” or arrest is involved. In fact, there are a lot of misconceptions about legal rights. Here are just a few:

  • Most people believe that they are guaranteed the right to call an attorney for advice. WRONG.
  • Most people believe that they can talk the officer into letting them go. NOT ANY MORE.
  • Many people believe that by cooperating with the officer in doing roadside tests they will be able to convince the police not to arrest them. NOT SO, IF YOU ARE A DUI SUSPECT.
  • From watching TV police stories, many people erroneously believe that police can automatically search your vehicle. NOT WITHOUT YOUR PERMISSION, unless the officer has reasonable cause to believe that a crime in being committed or is about to be committed.

The Colorado “DRIVER’S RIGHTS” card was designed by Attorney Dan Shipp, of Basalt in order to assist Colorado drivers in knowing their rights if they are stopped on suspicion of DUI.

ANY TIME YOU ARE STOPPED BY A POLICE OFFICER; YOU NEED TO KNOW YOUR RIGHTS IF QUESTIONING GOES BEYOND THE MINIMUM INFORMATION NEEDED TO ISSUE A TRAFFIC CITATION. IF YOU ARE STOPPED TONIGHT WILL YOU KNOW YOUR LEGAL RIGHTS?

REASONS PEOPLE GET STOPPED

1. Speeding
2. Driving with a head/tail light out at night
3. Failing to signal a turn
4. Improper use of high beams
5. Weaving/crossing center line
6. Failure to stop completely at a stop sign

REASONS OFFICERS SUSPECT INTOXICATION AFTER STOP

1. Alcohol in vehicle
2. Alcohol on your breath
3. Slurring of words
4. Bloodshot eyes
5. Failure of roadside test

YOU HAVE CONTROL OF ALL OF THESE FACTORS IF STOPPED

1. Have registration, proof of insurance & license immediately available
2. Stay in car
3. DO NOT admit to drinking anything!
4. DO NOT take a roadside sobriety test, including roadside breath test
5. MUST take a Blood or Breath test when given the choice
6. GO to hospital for BLOOD tests upon release from jail
7. Get name, address, and telephone number of all witnesses to sober behavior.
 
COLORADO LAW
1. It is legal to drink and drive
2. It is illegal to drive while ability is impaired by alcohol
3. You have no right to speak with an attorney prior to taking a blood or breath test
4. You cannot be compelled to do roadside sobriety tests, including ‘unofficial’ roadside breath tests
5. If you refuse an ‘official test (breath/blood) at the station on probable cause, you will lose your license for one (1) year
 
Assume you will be stopped and be prepared.
 
DAN SHIPP, ATTORNEY
Basalt, Colorado
970-927-2255
888-DAN SHIP (326-7447)
 

Notice and Disclaimer

This card is intended to help educate members of the Colorado motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. It is not intended to aid drunk drivers in evading punishment.