We encourage people to arrange for a designated driver, rideshare, or taxi instead of driving after drinking. It’s the simplest way to avoid a DUI or DWAI arrest in Colorado. Many college campuses in Colorado offer volunteer driving programs specifically for this purpose, where student volunteers transport their peers home safely after a night out.
Even Designated Drivers Aren’t Automatically Exempt
Volunteering or agreeing to serve as a designated driver typically comes with a pledge not to drive under the influence of drugs or alcohol while on duty. But being designated as a sober driver doesn’t create any legal exemption. If a designated driver has actually been drinking, using drugs, or is later found with drug paraphernalia, they can face the same DUI and related charges as anyone else behind the wheel.
What Typically Happens After a DUI Stop
When an officer stops a vehicle on suspicion of impaired driving, several legal questions usually come into play, including:
- Whether the officer had reasonable suspicion to justify the traffic stop in the first place
- What sobriety tests were administered, such as the walk-and-turn or horizontal gaze nystagmus test
- Whether a field breathalyzer test was conducted, and what the results showed
- Whether the officer had sufficient probable cause to justify an arrest
Each of these questions can significantly affect how a DUI or DWAI case unfolds, and they’re often the starting point for building a defense.
Why These Cases Deserve Careful Legal Attention
Being arrested for DUI as a designated driver, or in any circumstance where you believed you were acting responsibly, can feel particularly frustrating. Whether the charges are misdemeanors or involve additional allegations like drug possession, the consequences can still affect your record, your driving privileges, and your future. Speaking with an experienced DUI attorney as soon as possible after an arrest helps ensure your rights are protected throughout the process.
Frequently Asked Questions About DUI Arrests and Designated Drivers
Can a designated driver still be charged with DUI?
Yes. Agreeing to be a designated driver doesn’t create a legal exemption. If that person is actually impaired while driving, they can face the same DUI or DWAI charges as any other driver.
What sobriety tests do officers commonly use during a DUI stop?
Common field sobriety tests include the walk-and-turn test and the horizontal gaze nystagmus test, often alongside a field breathalyzer, though the specific tests used can vary by officer and department.
Does a misdemeanor DUI charge still affect my record?
Yes. Even a misdemeanor DUI or DWAI charge can affect your driving privileges and criminal record, which is why it’s worth taking any charge seriously and speaking with an attorney.
What should I look for in a designated driver program?
Look for programs with clear sobriety pledges for volunteers and some form of screening or accountability, and remember that no program can fully guarantee a driver’s sobriety in every instance.
Written by
Shazam KianpourDenver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.