I get asked this question a lot. So what should you do if you find yourself pulled over after having too much to drink?
Know your rights.
Primarily you have to right to remain silent under the 5th Amendment of the United States Constitution. Anything you say will be used against you. Don't hurt yourself by admitting that you only had "2 beers" or "a couple of drinks." You have a right to tell the officer that you want to remain silent.
Secondly on a DUI in Arapahoe, Denver, or Jefferson County, you have the right to refuse to do any roadside tests. These roadside tests are typically the HGN (Horizontal Gaze Nystagmus - eye test), WAT (Walk And Turn - walk the line), and the OLS (One Leg Stand). These tests are legally considered a search under the law and as such you have the right under the 4th Amendment of the United States Constitution to refuse to perform the test. Police officer's in Littleton, Aurora, and Centennial are trained to scrutinize your every movement in order to look for "clues" of impairment in order to charge you with a crime. Avoid digging your own legal grave and simply decline to perform roadside tests.
Thirdly, you do NOT have a right to consult with an attorney when choosing between doing a blood test, breath test, or potentially refusing altogether. There is no simple magic answer as to which is the "right" choice. An experienced DUI attorney in Colorado will likely see benefits and pitfalls of each three options (Blood, Breath, or Refusal) under different circumstances for different people. An experienced Colorado DUI attorney can competently challenge the validity of a breath test. Equally, if not more so, an experienced Colorado attorney can challenge the validity of a blood test. This is especially true of a case where there is a refusal to complete either test. However, there are pitfalls to each of these choices. For example, if you refuse to do a test you will face much more severe licensing sanctions at the DMV.
Fourthly, educate yourself as to your local police department's DUI patrols over the holiday weekend. I have included some of our local department's enforcement plans for your knowledge.
Adams County - Increased Patrol - (11/26/13 - 12/2/13, 6:00pm - 3:00am)
Arapahoe County - Saturation Patrol - (11/26/13 - 12/2/13, 9:00pm - 3:00am)
Arvada - Increased Patrol - (11/27/13 - 12/2/13, 7:00PM - 3:00AM)
Aurora - Saturation Patrol - (11/26/13 - 12/2/13, 10:00pm - 4:00am)
Boulder - Increased Patrol - (11/26/13 - 12/2/13, 8:00pm - 3:00am)
Douglas County - Saturation Patrol - (11/26/13 - 12/2/13, 9:00 p.m - 3:00 a.m)
Finally, if you find yourself charged with a DUI or DWAI in Colorado, well, don't just sit there readying this.....lawyer up!!! Call Shazam Kianpour & Associates at 303-825-1075 and hire the Colorado DUI lawyers that know how to fight your case intelligently and aggressively.