Colorado DUI and Your Right to Remain Silent
by
John Buckley on Feb. 26, 2020
Summary: Most DUI arrests in Colorado do not require a Miranda advisement. Regardless of this, you may and should still exercise your right to remain silent.
Officers are not required to read you your rights during the investigation stage of a traffic stop
A Miranda advisement is only required during custodial interrogation. During most traffic stops, you are not "in custody" for the purposes of Miranda.
Even though you haven't been read your rights, you can exercise them.
When the officer begins asking questions about where you were coming from, how intoxicated you feel, and how much you had to drink - politely respond that you would like an attorney present during any questioning. Don't be rude. Just politely decline to answer questions.
If arrested for suspicion of DUI, you will have to answer questions about which chemical test you will take.
If the officer has probable cause to arrest and charge you with DUI, you will be asked to cooperate with a chemical test of your breath or blood. If you refuse to cooperate with this testing, your license may be revoked for one year for a first offense. The officer may consider even your lack of responding to the question "Which test would you like" to be a refusal. Don't refuse to answer this question.
If you have been charged with DUI, consult with a qualified attorney
The information here should never take the place of a true consultation with a licensed DUI attorney in your area.
