BEHAVIOR UPON ARREST CAN IMPACT DRUNK DRIVING DEFENSE
May 6, 2020
No one plans to be pulled over and accused of driving while impaired. But, if the unthinkable happens, Colorado drivers should consider their behavior upon getting pulled over and following an arrest. The drunk driving defense options available to an individual will depend in large part upon their behavior and the police’s behavior during this crucial period.
One of the first things that typically happens when an individual is pulled over for a suspected DUI is a field sobriety test, commonly known as a Breathalyzer. These tests are not mandatory in most states, and in Colorado, individuals can legally refuse the field sobriety tests. However, the next step, a Breathalyzer, is required by law. If the police do not follow proper protocols, such as not reading Miranda rights, make sure to remember this as it could be useful in a defense.
There are a few people an individual may wish to call when arrested for a DUI. One might be someone who can help with bail, such as a bail bonds agent. This is not required but may be considered by those who would like to get out of jail quickly. Another is a lawyer with experience managing DUI cases. Speaking to a lawyer as soon as possible can help prevent an individual from incriminating him- or herself while in custody, and can help secure a better outcome.
Following this step, the DUI attorney will request a formal DMV hearing. It is important that the attorney do this as, without a DMV hearing, a person’s license will be automatically suspended due to the arrest. Following this, the Colorado attorney will work with the arrested individual to prepare a drunk driving defense.