Legally Reviewed by Shazam Kianpour on August 25, 2026
No matter what a person’s place in life is, he or she deserves to be treated the same way by law enforcement and the legal system as a whole. Doubts exist about whether that is actually the case in Denver and throughout the country, but equal treatment is certainly an ideal. For example, a recent Denver case has some speculating that police officers let each other get away with breaking the law.
Last year, a man was pulled over and arrested by local officers for suspicion of drunk driving. It turned out that he was an off-duty Denver police officer, a fact that apparently led him to believe that he would get away with any crime he potentially committed. The arresting officers ignored the DUI suspect’s pleas to “take care of him,” and the suspect was ultimately charged with driving drunk.
According to news reports, one of the arresting officers at the scene of the Colorado arrest used an iPhone to record parts of the incident. Why he or she did that is undisclosed, but that action certainly created drama for the off-duty officer who was arrested in this case.
The recording captures the suspect asking the officers to let him off the hook and bring him home. At least one official from the Denver office of Independent Monitor thinks that beyond a DUI, the officer should have been charged further because he tried to use his position on the force to his legal advantage.
Such a law doesn’t exist in Denver at this point, so the officer was only sentenced for the DUI – his first Colorado offense. He was sentenced to time at home with electronic monitoring, required to complete community service and temporarily suspended from his job.
Do you think that there should be a special law against law enforcement officials who try to use their positions to get out of trouble?
Source
9News.com: “You suck: ‘DPD officer to Siverthorne officer during DUI arrest,” Jessica Zartler, 22 Jul. 2011
How Colorado Treats DUI Charges Against Law Enforcement Officers
Colorado law does not create a separate DUI statute for police officers or other public officials. An officer stopped on suspicion of driving under the influence faces the same investigation, the same breath or blood testing procedures, and the same criminal charges as anyone else on a Colorado road. What can differ is how a stop unfolds in the moment, which is part of why cases like this one draw public attention.
Colorado’s DUI per se law makes a driver’s blood alcohol content the central issue, not the driver’s job title. A first-time DUI in Denver typically carries the same range of penalties, including fines, license consequences, and the possibility of jail time, regardless of the person’s occupation.
What Counts as Official Misconduct in Colorado
Colorado’s official misconduct statute applies when a public servant knowingly uses their position to obtain a benefit they are not entitled to, or to injure someone else. Asking arresting officers to “take care of” a situation, without more, does not automatically meet that legal standard, which is one reason the officer in this case faced only the underlying DUI charge. Whether a misconduct charge could apply in a similar future case would depend heavily on the specific facts investigators uncover.
Charges can also escalate depending on a driver’s history and the circumstances of the stop. Certain factors can escalate DUI penalties in Colorado, including blood alcohol level, whether a child was in the vehicle, and any prior convictions. Understanding the difference between a misdemeanor and a felony DUI in Colorado can help a driver understand what may be at stake in their own case.
Your Rights During Any Colorado Traffic Stop
Whether the person behind the badge is a private citizen or a fellow officer, everyone stopped on suspicion of DUI in Colorado has the same core rights. You can decline to answer questions beyond identifying yourself, and you can ask to speak with an attorney before making decisions about testing or a plea. Recordings made during a stop, whether from a body camera, dash camera, or a bystander’s phone, may become evidence in the case, which is one reason it can help to be careful about what is said at the roadside.
If you believe you were treated differently, better or worse, because of who you are or who you know, that concern is worth raising with a Denver criminal defense attorney early in the process. An attorney can review police reports, body camera footage, and any recordings to evaluate whether the stop and arrest followed proper procedure.
Building a Defense Around How the Stop Was Handled
Our firm has spent years handling DUI cases throughout the Denver area, and we know how quickly a routine traffic stop can turn into a serious criminal charge. We look closely at how a stop was conducted, how evidence was gathered, and whether every step followed Colorado law and department procedure.
If you are facing a DUI charge in Colorado and have questions about how your stop or arrest was handled, contact our team to discuss your situation.
Frequently Asked Questions About DUI Stops and Equal Treatment Under Colorado Law
Does a police officer face the same DUI penalties as anyone else in Colorado?
Colorado’s DUI laws apply the same way to every driver regardless of occupation. A law enforcement officer stopped on suspicion of DUI faces the same testing procedures, the same criminal charges, and the same court process as any other driver in the state.
What is official misconduct under Colorado law?
Official misconduct generally involves a public servant knowingly using their position to gain a benefit they are not entitled to, or to injure someone else. It is a distinct charge from DUI and requires its own set of facts to support it.
Can body camera or cell phone footage be used as evidence in a DUI case?
Yes. Recordings from body cameras, dash cameras, or a bystander’s phone can become part of the evidence in a DUI case. This footage may show how field sobriety tests were conducted and how officers interacted with the driver during the stop.
What should I do if I believe I was treated unfairly during a DUI arrest?
Write down everything you remember about the stop as soon as possible, including what was said and by whom. Speaking with a criminal defense attorney early can help preserve evidence, such as footage or witness statements, that might otherwise be lost.
How does a first DUI offense affect sentencing in Colorado?
A first DUI offense in Colorado can lead to consequences that may include fines, license restrictions, required classes, and in some cases jail time or electronic home monitoring. The exact outcome depends on the driver’s blood alcohol level and the specific circumstances of the arrest.
About the Attorney
Founding Attorney, Shazam Kianpour & Associates, P.C.
Shazam Kianpour is the founding attorney of Shazam Kianpour & Associates, P.C., where he has handled thousands of criminal and traffic cases throughout the Denver area, including DUI, assault, domestic violence, and sex crime defense. He is a member of the Colorado Bar Association, the Denver Bar Association, and the Colorado Criminal Defense Bar.
Written by
Shazam KianpourDenver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.