What to Do When Pulled Over for a DUI in Colorado
Being pulled over on suspicion of driving under the influence is stressful, and the decisions you make in those first few minutes can significantly affect the outcome of your case. As a DUI defense attorney who has handled over 200 of these cases in Colorado, I want to share some practical guidance on what to do — and what not to do — if you find yourself in that situation.
Pull Over Safely and Stay Calm
The moment you see flashing lights, signal and pull over to a safe location as soon as reasonably possible. Turn off your engine, roll down your window, and place your hands on the steering wheel where the officer can see them. Officers note your behavior from the moment they activate their lights, and erratic driving or delayed stops can be used as evidence of impairment.
Stay calm and be polite. You do not need to be friendly or chatty, but hostility will not help you. Officers are trained to observe everything — your demeanor, your speech patterns, and your movements. Keep your interactions brief and respectful.
Know What You Are Required to Provide
In Colorado, you are required to provide your driver’s license, registration, and proof of insurance when asked. You should comply with that request. Beyond that, you have rights that protect you from self-incrimination.
You are not required to answer questions about where you are coming from, whether you have been drinking, or how much you have had. You can politely decline by saying something like, “I would prefer not to answer questions without my attorney present.” That statement is not an admission of guilt — it is an exercise of your constitutional rights.
Field Sobriety Tests Are Voluntary
Many drivers do not realize that Standardized Field Sobriety Tests — the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test — are voluntary in Colorado. You are not legally required to perform them. These tests are subjective, and officers frequently misadminister or misinterpret them. Politely declining field sobriety tests is within your rights and removes a significant piece of evidence the prosecution could use against you.
Chemical Testing and Express Consent
Colorado’s Express Consent law means that by driving on Colorado roads, you have implicitly agreed to submit to a chemical test (breath or blood) if an officer has probable cause to believe you are impaired. Refusing a chemical test after arrest carries its own penalties, including automatic license revocation for at least one year. This is a separate consequence from any criminal DUI charge.
If you are asked to take a breath or blood test after being placed under arrest, understand that refusal has serious administrative consequences. However, the specific circumstances of your stop and arrest may still provide grounds for a defense.
Do Not Volunteer Information
One of the most common mistakes drivers make is talking too much. Anything you say during the stop can and will be used against you. Do not explain where you were, do not apologize, and do not try to talk your way out of the situation. Be cooperative with lawful requests, but exercise your right to remain silent on anything beyond providing your identification and documents.
Contact a Defense Attorney Immediately
If you are arrested for DUI in Colorado, contact a defense attorney as soon as possible. You have only seven days from the date of your arrest to request a hearing with the Colorado Department of Revenue to challenge your license revocation. Missing that deadline means an automatic suspension.
An experienced DUI attorney can review the details of your stop, evaluate whether the officer had proper grounds for the traffic stop and arrest, and identify weaknesses in the prosecution’s case. Early intervention gives your attorney the best chance to protect your rights and your driving privileges.
Every DUI case is different, and the facts of your situation matter. If you are facing a DUI charge in Colorado, do not try to navigate the process alone.