DUI stops, charges and cases can be as distressing as they may be embarrassing, but being informed about the facts regarding DUIs can help you protect yourself while mitigating the potential negative impacts associated with drunk driving allegations. This is generally because, when you are aware of the facts regarding DUIs and your rights, you can make informed decisions during DUI stops – and after an arrest and/or charges are filed – to:

  • Avoid strengthening prosecutors’ cases against you
  • Protect your rights and start building your defense.

To reveal the facts about DUIs, in this blog series, we will take a closer look at some of the more prevalent DUI myths circulating today. If you or someone you love has been arrested for or charged with a DUI, however, your best move will be to contact the trusted Pueblo DUI and criminal defense lawyers at Gradisar, Trechter, Ripperger & Roth.

Have You Believed Any of these DUI Myths?

DUI Myth #1 – I should tell police that I’ve been drinking alcohol if I’m stopped for suspicion of a DUI.

DUI myths can be far more detrimental to you than you may realize, as they can cause you to compromise your rights. Here are some of the facts related to common DUI myths.

DUI myths can be far more detrimental to you than you may realize, as they can cause you to compromise your rights. Here are some of the facts related to common DUI myths.

In fact, if you are stopped for suspicion of DUI and officers ask you whether you’ve been drinking alcohol, it’s usually in your best interests to NOT admit to consuming any booze, as this can:

  • Be noted in the official police report if you are later arrested
  • Be used against you if you are later officially charged with a DUI.

In these cases, if you have been drinking alcohol, the preferable way to respond to cops will be to avoid directly answering the question by stating something to the effect of “I do not want to answer that” or “No comment.” While you should of course never lie to police, you also are under no obligations to give them more info that could be used against you later.

DUI Myth #2 – I have to do field sobriety testing during a DUI stop.

This is simply untrue. During a DUI stop, if police officers ask you to submit to field sobriety testing, you should be aware that you do have a choice and that it’s generally better for you to NOT undergo this testing if you may not “pass” it for any reason. In fact, with field sobriety testing during DUI stops, here’s what can be important to know:

  • This testing is not as standard as you may think, as cops can change up the types of tests administered.
  • Evaluating drivers’ performance on field sobriety tests is far more subjective than you may realize, with there being a lot of discretion in cops’ hands when it comes to determining what may be an indicator of intoxication.
  • When you do things “wrong” on these tests, it will count against you, but you will NOT get credit for performing aspects of the test correctly (and this can make field sobriety tests inherently stacked against drivers).
  • Refusing to submit to field sobriety tests won’t result in any automatic penalties, but it can lead cops to ask you to submit to chemical testing (and refusals for such BAC testing do result in some automatic penalties).

The bottom line here is that, even though BAC test results may seem damning, they are not always accurate, and pointing out potential inaccuracies can be an effective DUI defense in some cases.

To get the truth behind some more widely held DUI myths, look for the additional installments of this blog series that will be published soon.

Trinidad and Pueblo Criminal Defense Attorneys at Gradisar, Trechter, Ripperger & Roth

Have you been charged with a DUI or any crime? If so, the Trinidad and Pueblo DUI and criminal defense attorneys at Gradisar, Trechter, Ripperger & Roth are ready to provide you with the best defense. To learn more about our superior legal services and how we can assist you, contact us by calling (719) 556- 8844 or by emailing us using the contact form on this page.

From our offices based in Pueblo, we represent clients in Trinidad, La Jara, Lamar, Walsenburg, Alamosa and throughout the state of Colorado.

Categories: Blog, Criminal Law, DUIs