Colorado DUI Information
It is almost inevitable that an American adult over the age of 21 will find themselves in a situation where they might drink and drive. Ideally, there would always be a designated driver, but sometimes you need to know the process more intimately to understand why calling a cab is the correct answer every time.

The First Step: Why you got Pulled Over
The police are given an unenviable task; they are supposed to protect society, and are the first to be blamed when something goes wrong, but they are handcuffed. The fourth amendment states that “no person shall be subject to an unreasonable search and seizure.” The catch is that this amendment does not just apply to searches of your possessions; it refers to the act of pulling you over itself.

When you get pulled over, in the law’s eyes, you have been “seized.” The police need to have a valid reason for pulling you over, or most anything they find after the fact is completely unusable in court. This shouldn’t give you any solace; it should make you more cautious. Every police officer I have spoken to is completely aware of the fourth amendment, and you can bet that if they choose to pull you over, they have already considered your options. By the time the lights on their car turn on, they usually have some evidence that damns you; whether it be on the radar gun, or the dashboard camera, you already lose as soon as you get pulled over.

The second thing working against you at a DUI stop is the very reasoning for a stop. Not only do police officers have to worry about “seizing” you illegally, but they need to have probable cause to do so. What this means is that the arresting officer has to testify to the fact that you have already committed, or are about to commit a crime. The bottom line is this; if you get pulled over after you’ve been drinking, the police officer has already decided that you are committing a crime, and they have preliminary evidence to prove it.

The Second Step: The Investigation
Now you’ve been pulled over, and you know that you probably already have some evidence stacked against you. The next step of the process is just as dangerous, since from the moment you are pulled over, the officer is investigating.

If you like law shows on television, you will hear the phase “use your right to remain silent.” This is not in an attempt to make the officer’s life more difficult, its to protect you. When the pullover happens, there are a few factors that will affect the outcome of the stop. Two of these factors you cannot control, but the other two are based entirely on you.

The uncontrollable elements of the stop are the field sobriety test and the BAC test. Unless you are a really rare individual, there are very few ways to fake the results of these tests. However, the other factors are the officer’s opinion on your demeanor, and if you make any incriminating statements. This is why silence is in fact, golden; if you refuse to speak, then the words “slurred speech” cannot appear on the police report, and you are at no risk of incriminating yourself.

The danger about the last 2 factors is that they don’t have to necessarily be true. Police officers are incredibly well-trained; and even if you just have a lisp, if you slur your speech at all, he is obligated to report it. Another advantage in the officer’s favor is the fact that anything you say to the officer that was unrequested, is usable in court.

Many people believe that if you do not get read your Miranda rights, that anything you say is unusable in court. There is a piece of truth to that statement, in fact, the fifth amendment does protect someone from incriminating themselves, but only in RESPONSE to an investigator’s question. If you offer information unprompted, it will be recorded on the dashboard cam, and will be used against you in court.

The Final Step: Protecting Yourself
So, now you understand what is happening during the entire stop. Before you even get pulled over, the officer has some evidence to justify the stop. Once you are stopped, the investigation immediately begins, and anything that can be used to make a case against you will be used. To avoid unnecessary risk, it is best to not speak until you have a lawyer, but the moral of the story is simple; drinking and driving carries too high a risk to ever be worth it. The police are well paid, well trained, and good at their jobs. Do yourself a favor and just avoid this situation altogether.

Pete Wise is an over-cautious driver and a white-hat SEO. This article was written on behalf of The Clark Law firm; a boulder DUI attorney that has been in the business for a decade. If you need a boulder dui lawyer, reach out to Phil Clark. If you liked the article, connect with Pete on . This article was written by a guest author. Would you like to, submit a guest blog post?