You are driving home one evening, when you notice the flash of police lights in your rear view mirror. You pull over, and the police officer says he suspects you have been drinking, and requests that you step out of your car to complete roadside tests.
What should you do?
First, understand the police officer pulled you over for a reason. The officer must have reasonable suspicion of criminal activity to pull you over in the first place, such as failing to signal, weaving in traffic, or other erratic driving behavior.
Second, you need to know you are being closely watched. Denver, Aurora, and Littleton police officers are trained to notice any signs you've been drinking, such as slurred words, bloodshot eyes, or the smell of alcohol on your breath. They'll ask you: “Why do you think I pulled you over?” They will take a mental note to write down later – they are looking for evidence to meet the higher stand of probable cause in order to arrest you for DUI or DWAI.
Third, they will ask you to complete roadside tests. These tests are voluntary – you aren't required to take them. Think about it: The only purpose for these maneuvers is to gather evidence that you have been drinking. It won't help you in any way. These tests can be difficult to complete (what sober person can recite their ABC's backwards, anyway?), and will serve only to provide evidence for the police.
Politely say “no” to roadside tests.
Fourth, if the police officer believes he has enough evidence to prove probable cause that you are driving under the influence of alcohol, they will arrest you and take you to a police station. Here, you are required by law to take a blood or breath test, which is completed using an Intoxilyzer machine, or by having your blood drawn. These tests will show scientifically whether or not you have been driving while impaired. It is important to understand these tests are mandatory.
Get Help Now
If you or a loved one has been arrested for DUI or DWAI and need representation, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at O'Malley and Sawyer, LLC for a free consultation at 303-830-0880. Together, we can protect your future.
Request a Free Consultation