What to do after you are stopped by the police and have been drinking
Have you been drinking?A cop patrolling the streets between 10pm and 4am is looking for any reason to pull drivers over in order to determine if they have been drinking. As a former DA, I had to do ride-alongs with the police, and I observed them conduct traffic stops for simply throwing a cigarette out the window. Once they do pull you over and come up to your window they are looking for any smell of alcohol. They will normally bend down just to get closer to your breath in order to try to smell it, and here is the first place most people normally talk themselves into a DUI. The cop will ask, "have you had anything to drink tonight?" Most people, believing the police to be all-knowing, will try to minimize their intake and admit to "just a couple." Bang, they've got you as you'll see below. Rule #1: Do not admit to drinking anything, ever, no matter what.
Would you do these easy steps to prove you're sober enough to drive?Now that the cop has evidence that you have been drinking due to your admission, they are going to ask you to do roadsides. Roadsides are VOLUNTARY, and there is no requirement to complete them; however, many drivers think a police officer can order someone to do them. Further, the cops normally phrase the question in such pleasant terms as, "would you mind proving to me you're sober enough to drive?" Make no mistake, you cannot pass these roadsides. A sober person would not be able to fully pass the standard field sobriety tests administered by police all around the nation. They are simply designed to procure evidence against you. Rule #2: Do not let them.
Take this test now or I will take your driver's license!Once they have probable cause you have been drinking due to your admission and your failure of roadsides, the police will give you a difficult choice after confusing you with some legalese. They will tell you, "By operating a motor vehicle in the state of Colorado you have already given your express consent to a chemical test of your blood or breath." At this moment you are probably thinking, "wait, what? Isn't this a violation of my rights?" No, it is not for reasons that are too extensive to be explained here. But then you think you've beat the system. You ask, "What if I choose option 3 and refuse to take the test?" The cop will inform you that your license will be suspended. Most people now underestimate their intoxication level and providing more evidence against themselves. If you get a DUI conviction it will suspend you license anyway, so this should not be a concern. Rule #3: Do not take the test, refuse to provide evidence against youself!