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Know Your Rights: What to Do When You're Pulled Over for a Suspected DUI

Last updated 7 years ago

Whether or not you have been drinking, remember that you do have certain rights in case you are ever pulled over for and suspected of drunk driving. Knowing your rights can help prevent self-incrimination, making it easier for your DUI lawyer to prepare your DUI or DWAI defense if the case goes to court.

The Right to Remain Silent

Slurring of speech may be used against you in the court of law. Even if you haven't been driving drunk, a nervous stutter could be misinterpreted as slurred speech. Under the Fifth Amendment, you have protection from self-incrimination, meaning you can refrain from answering any and all questions that the police officer asks you. You do not have to tell the officer how many drinks you've had, and your refusal to speak cannot be held against you in court.

Refusing a Sobriety Test

There is a difference between a field sobriety test and a chemical test.  Field sobriety tests involve testing coordination and balance and may include acts that some uncoordinated people cannot perform even when they’re sober. You have the right to refuse any field sobriety tests.

Choosing Chemical Testing

All states have an implied consent law, which means you consent to chemical testing when you get your driver's license. In most cases, your license can be automatically suspended for refusing to submit to chemical testing. If suspected of DUI or DWAI, you can choose between taking a blood test or a breath test. A breathalyzer is a device used by the police to determine your blood alcohol content. Because hand-held breathalyzers do not measure BAC directly, they do not always provide correct or accurate information about one's level of intoxication. 

What you do in the first seven days after your arrest is critical in protecting your privilege to drive. If you have been charged with a DUI or DWAI in Denver, then you need a DUI lawyer. Contact The Orr Law Firm LLC today to learn more about possible courses of action. The Orr Law Firm, L.L.C. is Colorado’s premier DUI defense law firm and focuses exclusively on DUI and criminal traffic defense. Call us today at (720) 279-9588.


The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.


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