Often, when a person gets pulled over by Fort Collins Police, Loveland Police, or Larimer County Sheriff, law enforcement officers turn the traffic stop into a Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI) investigation. There are five things that our expert criminal defense attorneys recommend you do NOT do if you are a part of a DUI stop.
1. Do NOT Admit to Drinking When Asked During a Police Stop in Larimer County
We have watched the body cam footage of hundreds, if not thousands of Larimer County DUI and DWAI cases. One thing that is consistent with almost every DUI investigation is the officer will ask some variation of, “How much have you had to drink tonight?” They will ask you to rate yourself on a scale of 1 to 10, with 1 being completely sober and 10 being the most drunk you have ever been. The officers are just looking for anything to bolster their case against you. They are looking for probable cause to arrest you, and admitting that you had anything to drink helps them, not you. We suggest you do not answer these questions, or you may be spending the night in the Larimer County Jail.
2. Do NOT Submit to the Portable Breath Test or PBT During a Fort Collins Driving Under the Influence Stop
Often, police in Colorado will ask you to provide a breath sample into their Portable Breath Test or PBT to get your BAC (Blood Alcohol Content). They will ask you to do this BEFORE you are arrested. The results of this test just serve to better the case against you. Officers will use your BAC level as probable cause for your arrest. It’s vital to know the PBT is voluntary. You do not have to do it, and you shouldn’t! Don’t get the portable test, done on the side of the road, with the Express Consent blood or breath test. The only one you are required to do is the Express Consent blood or breath test, and you are advised of that after you’ve been arrested.
3. Do NOT Participate in the Voluntary Roadsides Tests After a DUI Stop in Loveland
In Loveland and across Colorado, the voluntary roadside tests are just that, voluntary. Meaning you absolutely do not have to participate. And it’s our recommendation that you don’t. These tests are designed for failure. You have barely trained officers trying to determine eye movements. You are required to balance on one leg while standing on the side of the road with cars whizzing by. You are given multiple directions and then told to perform a series of moves while in a high stress situation. They are designed to make you look like you are uncoordinated and unable to perform as a sober person would. But, I’m convinced a majority of people would have a hard time with these tests completely sober.
4. Do NOT Assume the Police Are Looking for the Truth During a Larimer County DUI Investigation
When police have decided to initiate a DUI or DWAI investigation in Larimer County, they are looking for cues to indicate you had been drinking. They are not looking to find the truth. Once they’ve decided you are drinking and driving, then they will only see signals that support their position. You are not going to be able to tell them you’ve only had a couple drinks and expect that they understand that doesn’t mean you are impaired.
5. Do NOT Admit That You Have Been Driving During a DUI Stop in Fort Collins
Sometimes, in a DUI or DWAI case, the stop is conducted after a person has shut off the car or has even gotten out of the vehicle. Maybe you pull over to take a nap and all of the sudden police are pounding on your window. NEVER admit you were driving. You don’t need to explain anything and you don’t want to fill in the questionable pieces so that police have an easier time making a DUI arrest.
If you or someone you love has been charged with Driving Under the Influence, be smart, exercise your right to remain silent and contact the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
Photo by energepic.com