Your Rights During DUI Stops (Pt. 2)

June 16, 2014

Picking up from where we left off in Your Rights During DUI Stops (Pt. 1), here we will continue to point out specific rights that you have when police pull you over under the suspicion of drunk driving.

During DUI stops, you have the right to refuse to submit to BAC testing. Contact the Griffin Law Firm if you end up being charged with DUI after a DUI stop.

In addition to having the right to remain silent and refuse field sobriety testing (as discussed in the first part of this blog), you also have the right to:

• Refuse to submit to BAC testing – Just like you can refuse to submit to field sobriety tests, you can also refuse to submit to blood alcohol testing, namely breath or blood tests to check your BAC. Unlike field sobriety testing refusals, however, a refusal to submit to BAC testing will result in automatic penalties. Specifically, these refusals will result in automatic driver’s license suspension (per the “Implied Consent” law in Colorado).

  While a driver’s license suspension may be upsetting or distressful, it can be better than the penalties association with a DUI conviction; therefore, if you believe that BAC testing may indicate that you have a BAC greater than the legal limit of 0.08, it’s generally better to refuse testing so that you don’t provide law enforcement officials (and, later, prosecutors) with more evidence against you.

  It’s important to point out here, however, that, even if you do not remember to exercise your right to refuse BAC testing during your DUI stop, there may be some defense arguments that can be used to question the legitimacy and accuracy of these BAC tests (depending in the circumstances and specifics of your case).

• Refuse searches of your vehicle or property – If police ask you to search your vehicle during a DUI stop, always refuse this request. Even if you have nothing to hide or want to appear to be forthcoming with police, do NOT let them search your property if they request to do so.

  This is because, when police make such requests, they are intent on finding items that can be used as evidence against you. In other words, searches of your property are never for your benefit, and they quite often end up working against you, possibly leading to arrests or additional criminal charges being filed against you.

  Therefore, make sure you always exercise this right of refusal if or when police request to search your property.

• Be read your Miranda rights – If police have probable cause to arrest you for suspicion of DUI, then you have the right to be read your Miranda rights, which generally inform you about your rights to not incriminate yourself and to request an attorney. When cops fail to read people their Miranda rights upon an arrest, any evidence that is gathered after the arrest (such as, for example, statements arrested individuals make to police after an arrest) may be thrown out of court later.

Denver and Boulder Metro Area DUI Defense Lawyer at the Griffin Law Firm

Facing DUI charges – or any type of criminal charges – can be both scary and stressful, as a conviction could cost you your reputation, your career, your family and even your freedom.

If you or your loved one has been arrested for and/or formally charged with DUI or any crime, Christopher Griffin wants you to know that he is ready to immediately start providing you with the strongest possible defense against police and prosecutors – both outside and inside of the courtroom.

Contact Us Today

To receive a complete evaluation of your case, along with professional advice regarding your best options, contact us by calling 303-280-1070 or by emailing us using the form at the top of this page.

Categories: Blogs, Criminal Defense Strategies, DUI, DUI Defense