Colorado DUI Checkpoint
Know Your Rights Before A Checkpoint Stop
A great example of what to do if you’re stopped!
Colorado DUI Checkpoint Answers
Should I agree to do the roadside tests?
Answer: No. The law enforcement officer has already decided whether you are going to be arrested before you are even asked to do these tests. Doing them only leads to additional evidence against you, since the officer is certain to find fault with your performance. You are not required to do these tests, and should politely decline, or even better, do not speak at all.
If you remain silent, and do not answer any questions, the District Attorney will not be allowed to tell this to a jury should your case make it to a trail.
More Colorado DUI Checkpoint Answers
What About Breath and Blood Tests?
Answer: Yes, you should agree to take a breath test, and choose the breath over the blood test. You should not refuse the test, as your refusal can be used against you in court. This is different from your right to remain silent. Also, if you refuse to take a blood or breath test, the DA can tell the jury that you refused, and try to convince them that you refused because you had “consciousness of guilt.” You should agree to take a BAC test unless you are very certain that you have a very high blood alcohol content, and that a BAC test will only incriminate you. A blood alcohol content of 0.20 or over can be considered “aggrevated” and the sentence you receive can be harsher than average sentences.
What Should I Say If The Officer Asks Me If I Had Anything To Drink?
Answer: Nothing.You should remain silent. You may feel as though you have no alternative but to answer the question.Do NOT be intimidated. This is not correct. Your right to remain silent under the Fifth Amendment to the Constitution is very powerful, and that right prohibits the prosecutor from ever mentioning to a jury that you remained silent.
Before I decide whether to take a breath or blood test do I have the right to speak to an attorney?
Answer: No. In fact, if you persist in asking for an attorney before making the decision to take the test, it will be considered a “refusal” of the test.
Will it help in my defense case if the officer never read me my Miranda rights?
Answer: Only if you made incriminating statements after you were arrested. If you made statements before you were arrested those statements are not effected by your Miranda rights. If you made statements after you were arrest, and were not advised of your rights first, your attorney may be able to keep your statements out of evidence.
Are there things that would make my sentence worse?
Answer: Yes, common facts or evidence that could cause the judge to consider your DUI case to be worse than usual or “aggravated”. If the judge considers your case to be worse or aggravated, you may receive a sentence that is harsher than average.
Some examples might be:
* Blood alcohol content of 0.20 or over
* Speeding or reckless driving behavior
* Refusal to take a breath test
* Someone was injured
* There was property damage
* There was a child in the vehicle
Should I represent myself or do I need an attorney?
Answer: A DUI case is complex. There are constitutional, evidentiary, and procedural issues that only a competent experienced DUI attorney should handle. Given the financial costs and penalties that one will incur with a conviction, it is not a good idea to represent yourself. An experienced DUI attorney will thoroughly evaluate the case against you. They can also force the prosecutor to suppress evidence, produce additional evidence, challenge your driver’s license revocation, have blood samples retested, and much more. Even if your case has no effective challenge to the prosecutor’s evidence, through effective negotiations with the DA and an experienced presence before the judge a DUI attorney will work to minimize the consequences that you are facing. These are both very priceless when you are facing a potentially serious outcome from the charges against you.
Remember The Police MUST Follow Strict Guidelines To Hold Checkpoints
See this post: Colorado Sobriety Checkpoint Laws
Do You Need To Contest A DUI?
You’ll have NO rights unless you fight for them. You are NOT a slave and don’t let these so called officials push you around. If you need a good lawyer to fight for your rights click the button below.
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