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DUI attorneys at the Law Offices of Steven J. Pisani, LLC understand how serious these charges are and their impact on your life and future. Because of the impact of this charge, you must take steps to avoid a conviction. Our legal team will help with your situation and work to build a strong defense to help you achieve the best possible outcome for your case.

Being pulled over is stressful. If you don’t know what you did or why you are being pulled over, don’t offer information the officer can use. Instead, let them state the reason for the stop. Remember, police must have probable cause to stop your vehicle.

This includes tangible infractions such as swerving, failing to stop at a red light, a broken windshield, and similar things. However, once the stop is made, they can question your whereabouts and even request a field sobriety test if they believe you were drinking.

Your first instinct may be to refuse the requested field sobriety test. This is especially the case if you have not been drinking. However, it is often in your best interest to comply with the officers.

Keep reading for more information on what you should do if you are pulled over and suspected of DUI in Colorado.

Comply with the Officer’s Requests

If you are under the influence of drugs or alcohol, complying with the requests made by police officers may not be easy. For example, they may request that you tell them your name and birthdate. They may also request your license and registration. These are all things you need to give to the officer without hesitating.

While you don’t want to incriminate yourself, it is possible for you to be compliant without answering the questions the officer asks. It is possible to stay silent and comply with the officer’s requests.

Refusing the Breathalyzer Test

You may have heard that you should refuse the breathalyzer test when pulled over and suspected of DUI. Even if you have overindulged in alcohol and know you will fail, refusing this test may be a bad idea. There are a few reasons for this:

  • You will show you are compliant with law enforcement officials.
  • Breathalyzers have an error rate of .005 to .02%. Because of this, false positives are possible. Additionally, some medical conditions can impact how accurate these tests are.
  • Police officers may incorrectly use a breathalyzer testing device, which can impact the results.
  • Results are lower with breathalyzers if you were drinking recently. If you wait to have a blood test at the police station, your BAC will likely be higher.

It’s really up to you if you decide to take the breathalyzer test. There are potential penalties if you refuse a breathalyzer test. For a first offense, you can have your license revoked for up to 12 months, up to 24 months for a second offense, and up to 36 months for a third offense. Keep in mind that even if you aren’t convicted of the DUI charges, you will likely still lose your license for this amount of time.

Follow the Given Instructions for a Field Sobriety Test

If the officer requests that you undergo a field sobriety test, be sure you listen to the instructions and follow them. These tests require you to perform several simple tasks like standing on one leg and walking and turning. Be sure to keep these tips in mind:

  • Take your glasses off when the officer requests you do this to complete the Horizontal Gaze Nystagmus Test.
  • Don’t begin the tasks until the officer tells you to since starting early is a sign of impairment.
  • Ask the officer to repeat the instructions if you didn’t hear them or understand them.
  • Keep your arms by your sides during the One-Leg Stand and Walk and Turn exercises.

Avoid Incriminating Yourself

The police will ask you questions. They may ask what you have been doing or if you have been drinking. You don’t have to answer these questions. You can stay silent.

You shouldn’t try to “talk your way out” of the arrest either. Usually, the more you talk, the more likely you will say something incriminating. You have the right to remain silent; while you are required to provide the officer with your name, license, and registration, you can stop talking completely at that point.

If you are arrested and charged with DUI, the less you say, the better, since everything can be used against you.

Request a DMV Hearing

Even if you comply with the breathalyzer testing, you may have your license taken by the officer when you are charged with DUI. In this situation, you must contact the DMV within seven days of your arrest to request a hearing. Upon requesting the hearing, you can get a temporary driving permit from the DMV that’s good for 60 days or until your hearing date.

Write Down Everything You Can Remember

Most DUI cases are won or lost because of the details about the arrest. You should take some time to write down everything you can remember about the stop. This includes where and when the arrest happened, the conversation you had with the officer, and any other detail you can recall.

Consider a Plea Agreement

Plea deals will be a smart solution for some DUI cases. You need to talk to our DUI attorneys and let us evaluate your case. We can then figure out if this is a smart solution for you.

With a plea bargain, your attorney will work to help you get reduced penalties for your charges. This also lets you know the outcome of your case. Going to a jury trial is unpredictable, even if you believe your case is solid. Accepting a plea deal will usually help you save money and time since you don’t have to worry about going through a jury trial.

While this is true, several factors will determine if a plea deal makes sense for your situation. It’s best to let your attorney investigate the situation and evidence the prosecution has. At this point, they can let you know if you should accept a plea deal or go to trial.

Many attorneys encourage their clients to accept a plea offer, simply because there’s no way for sure to know the outcome if you go to trial. While this is true, you have the right to move forward and have a trial if that is what you decide. Our legal team can help you decide what option is right for your situation.

Many DUI cases in Colorado are charged as traffic misdemeanors. When facing these charges, can move forward with a trial. Bench trials are dedicated by a judge. Sometimes, this option may be best for your DUI case. It’s best to talk to our DUI attorneys to know if this is the case for you.

If you choose not to accept a plea agreement, the judge or jury will determine the outcome of your case based on the evidence produced by your attorney and the prosecuting attorney. If your verdict is not guilty, your case is over unless an appeal is filed. Your case will proceed to the sentencing phase for a guilty verdict.

Call Our DUI Attorneys for Help with Your Case

Being arrested for DUI is a serious charge. You should not take it lightly since the consequences of these charges are serious and can impact you now and in the future. Our legal team at the Law Offices of Steven J. Pisani, LLC understands Colorado DUI law.

We can help you build a case and defend your rights and freedom. You can count on our attorneys to give you the aggressive representation you need and deserve to help you beat your criminal charges. While there are no guarantees in these situations, we are here to help. Contact us today so we can review the charges you are facing.

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