Legally Reviewed by Shazam Kianpour on August 25, 2026
All drivers on Colorado roads are required to follow the law when it comes to drinking and driving, even police officers. That is why it is a sad irony when police officers are actually arrested and charged with DUI.
According to a DenverPost.com report, the Boulder Police Department has had two officers arrested for drunk driving in the last three weeks.
In November, a detective was arrested by Boulder County sheriffs after an initial stop for speeding resulted in a drunk driving inquiry. Sheriff’s deputies reported that Morris appeared nervous, had bloodshot, watery eyes and smelled of alcohol. He reportedly asked the deputies if they could just write a speeding ticket before performing a field sobriety test, which he failed.
Last week, a DUI enforcement officer was arrested after her car was spotted by off-duty officers in Arvada speeding and weaving between lanes on I-25. When officers stopped her, she reportedly indicated that she was drunk. They also reported that she declined to perform field sobriety tests as she had difficulty maintaining her balance.
Both officers have been placed on paid administrative leave. Boulder’s Chief of Police, Mark Beckner explained to the Post that the incidents are very concerning, and that an internal investigation will be completed. The officers could be subject to a range of discipline; from an official reprimand to outright termination.
The story also underscores that fact that even though these people are law enforcement officers, they have the same protections that other people charged with DUI are entitled to.
Source: DenverPost.com, Boulder cop suspected of driving drunk was department’s DUI officer, December 6, 2012
Every DUI Defendant Has the Same Legal Protections
The story above illustrates a point that applies to any DUI case, regardless of who the defendant is: an arrest is not a conviction, and every person charged with a crime in Colorado is presumed innocent unless and until the prosecution proves guilt beyond a reasonable doubt. That presumption does not change based on someone’s job, and neither do the legal standards the state has to meet to secure a conviction.
How Colorado’s Express Consent and Field Sobriety Process Works
Colorado’s express consent law requires drivers to submit to a breath, blood, saliva, or urine test once an officer has probable cause to believe they were driving under the influence. Field sobriety tests, like the ones referenced in the report above, are one tool officers use to develop that probable cause before a test is administered. Both the administration of field sobriety tests and the chemical test results that follow can be challenged based on how they were conducted.
What Can Be Reviewed in Any DUI Stop
- The basis for the initial stop: whether the officer had a valid reason to pull the vehicle over in the first place.
- How field sobriety tests were administered: whether standardized procedures were followed correctly.
- Chain of custody and equipment calibration: for any breath or blood test relied on by the prosecution.
These are the same categories of issues a defense attorney examines in any DUI case, whether the person charged works in law enforcement or not.
Administrative Leave and Internal Investigations Are Separate From the Criminal Case
When a law enforcement officer is arrested, an employer’s internal investigation and any related administrative leave or discipline process run separately from the criminal court case. The outcome of one does not determine the outcome of the other, and an officer facing a DUI charge deals with both processes on their own separate timelines, just as anyone else would with an employer while a criminal case is pending.
Frequently Asked Questions About DUI Charges in Colorado
Does being a law enforcement officer change how a DUI case is handled?
No. The criminal court process, the presumption of innocence, and the prosecution’s burden of proof apply the same way regardless of the defendant’s occupation. An officer facing a DUI charge is entitled to the same legal protections as any other person.
Can field sobriety test results be challenged in a DUI case?
Yes. Field sobriety tests must be administered according to standardized procedures, and errors in how they were given can be raised as part of a defense, regardless of who the driver is.
What is Colorado’s express consent law?
Colorado’s express consent law requires drivers to submit to a breath, blood, saliva, or urine test when an officer has probable cause to believe they were driving under the influence. Refusing the test triggers a separate license consequence through a DMV hearing.
Does an employer’s internal investigation affect the criminal case?
No. An employer’s internal investigation, administrative leave, or discipline process runs separately from the criminal court case and follows its own timeline and standards.
What should someone do after being arrested for DUI in Colorado?
Anyone arrested for DUI should be aware of the deadline to request a DMV hearing regarding their license and should have the facts of the stop and any test results reviewed before deciding how to proceed with the criminal case.
Anyone facing a DUI charge in Colorado, including law enforcement personnel, benefits from having the facts of the stop and any test results reviewed closely. Shazam Kianpour & Associates, P.C. has represented clients in Denver DUI cases for years. Contact our office to discuss your situation.
About the Attorney
Founder, Shazam Kianpour & Associates, P.C.
Shazam Kianpour is a Denver criminal defense attorney who has handled thousands of criminal and traffic cases across Colorado, including DUI, DWAI, and DMV hearing matters. He previously served as a Colorado State Public Defender and is a member of the Colorado 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.