How to Handle a DUI
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Each case is unique and therefore, it is impossible to go over every possible scenario. Contact us today. We’re happy to explain the law and legal principles in your specific case.
7 steps to follow if stopped for a DUI
DO NOT submit to roadsides or "field" breath test. These are absolutely voluntary tests that are unreliable and most often administered incorrectly. Although the police officer will tell you they are using these tests to determine if you are safe to drive, their only true purpose is to provide the police officer with evidence that you are impaired.
DO NOT admit that you had been drinking or try to explain that you're ok to drive. The cop doesn't care and will only use your statements against you.
DO be courteous and polite - getting upset, angry, or arguing with the officer only provides evidence of impairment.
DO take the blood or breath test at the police station ONLY IF you had less than 2 standard drinks. While refusing to submit to a chemical test of your blood or breath will automatically revoke your driver's license for one-year in addition to any other revocation or suspension, if you’ve had more than 2 drinks, your blood-alcohol content will likely only give the prosecution more evidence against you.
DO NOT make any statements to the police officer, regardless of how nice they may seem or if they say they only want to understand what happened. You do not have Miranda rights at this stage and anything you say can and will be used against you.
DO immediately request a hearing with the Division of Motor Vehicles as soon as you are released from custody. You only have 7 days to request a hearing or you will lose you right to contest the revocation of your driver's license.
DO immediately contact The Sarbaugh Law Firm to discuss your situation and obtain further advice on what you may or may not need to do. Only a criminal defense attorney with specific experience and knowledge of DUI cases, such as Mr. Sarbaugh, can competently review your case and offer sound advice. The Sarbaugh Law Firm has been providing DUI defense and criminal lawyer Boulder services for over twenty-five years and offers free telephone consultations.