Can I record a traffic stop on my phone for DUI? Or is is illegal?

Asked almost 2 years ago - Greeley, CO

I was pulled over, gave my information to the officer, he returned to my car saying that he smelled alcohol, I informed him I just got off of work from a bar. He asked me how much I had to drink and I told him nothing, I had just gotten off of work. He kept asking me over and over, he said he didn't believe me and was convinced I was drunk and that my eyes were red and he could again smell a strong odor of alcohol. I was in disbelief at this point, I felt I was being harassed and asked the officer if I could record the conversation on my cell phone (because his actions were almost laughable). All said and done I refused testing except for the roadsides. I was then arrested. In the report, the officer brings up my wanting to record the conversation.

Additional information

The officer lied in the report though saying that I tried to record the conversation AFTER I was arrested. Why would I record a conversation after I was arrested when I told him I wanted to speak to a lawyer?

Attorney answers (5)

  1. Nicholas Lubchenco

    Contributor Level 13


    Lawyers agree

    Answered . You need to get an experienced DUI attorney working for you as soon as possible. Many of us give free consultations so call a few attorneys and find one you like and can afford.
    Good luck and feel free to call if you have any questions or want to schedule an appointment.

    Lubchenco, Kendrick, & Baldridge, L.L.P. 720-644-6413. The information provided here does not create an attorney-... more
  2. Alexander M. Ivakhnenko

    Contributor Level 20


    Lawyers agree

    Answered . Do not attempt to try your DUI charges on Avvo. Instead, find an attentive criminal defense counsel and relay the above incidents to that professional for proper legal motions and legal case strategy.
    Whether a police officer misstated, omitted or misrepresented anything in the arrest report or the arrest notes would be an appropriate task for a counsel of record not an idle supposition on Avvo.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  3. Macy Michelle Jaggers


    Contributor Level 20


    Lawyers agree

    Answered . You can try to record the interaction. There is nothing illegal about it. But I think the officer is within his rights to tell you not to while he is trying to conduct an investigation.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  4. Nelson Patrick Boyle

    Contributor Level 11


    Lawyers agree

    Answered . Colorado is a one party recording state. Unless you are a lawyer, you can
    record anyone without their permission. We have an ethics rule that bars us
    from doing so.
    As for the DUI, you should hire a competent lawyer. My law partner,
    Michael Carter was a Public Defender and has tried dozens of DUI cases.
    Give him a call at the number below.
    Also, you need to ask for a DMV hearing within ten days of the arrest or
    you waive that.


    Nelson Boyle
    Carter Boyle LLC
    36 Steele Street - #200
    Denver, CO 80206
    P: (303) 501-1825 | F: (303) 835-7100

    Thank you for your confidence in our firm. Your satisfaction and referrals
    are the key to our success.

    The information contained in this e-mail transmission is confidential and
    is protected by applicable law. Any unintended recipient of this message is
    prohibited from reading or disclosing the information contained in this
    transmission. If you have received this e-mail message in error, please
    call (303) 501-1825.

    Sent from my iPad.

    This response is a general answer to your question and is not intended as constituting legal advice or creating a... more
  5. Rhidian David Watson Orr

    Contributor Level 16


    Lawyers agree

    Answered . You have 7 calendar days from the date of arrest to request your hearing if you refused a test, not 10. As others have stated, you need an attorney. More specifically you need a DUI attorney. While it may be legal for you to record the interaction and conversation with the police officer, the officer has no obligation to allow you to do so.

    However, you may have other issues that can be attacked and you will want to fight against the revocation of your driving privileges for refusing. The legal field is similar to other professions, there are good attorney and there are bad attorneys out there. Do your homework and hire the best DUI attorney you can afford.

    The Orr Law Firm, L.L.C - 303-818-2448 - Is Colorado's Premier DUI and Criminal Traffic Defense Law Firm. Rhidian... more

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