After leaving a friend’s house where you had a few drinks, you see the alarming sight of red-and-blue lights in your rearview mirror. You fail the sobriety tests and the officer takes you to the station.
Even if you take a breath test at the scene, the officer may still ask you to take a blood or urine test when you arrive at the police station. Under Colorado’s implied consent law, driving on the state’s roads and highways automatically constitutes consent to a sobriety test.
Document your experience
Once you post bail, law enforcement will release you pending a hearing. Carefully recording the circumstances of your arrest can have a significant impact on your case. Make sure you write down:
Your activities before you drove your car
The number and type of drinks you had
Whether you ate anything during the time when you were drinking
How much time passed between your last drink and your arrest
How the officer acted and whether he gave you any instructions, as well as your response to these instructions
Whether the officer read your Miranda rights
The location of the traffic stop and arrest
The length of time between your last drink and the chemical test
Explore your options
You have the right to attorney representation at the hearing. Seeking legal advice may provide clarity about your next steps.
You can also research the potential penalties of a conviction as well as diversion programs such as drug court and whether you qualify.