Frequently Asked Questions
Colorado Springs DUI Attorney: Common DUI Questions
When you have been accused of drunk driving in a traffic stop, your head is likely spinning. You may be wondering what your rights are, what the next steps to take are, and what will happen to you and your future. We know that this time is usually intimidating. That's why the legal team at The Samuelson Law Firm has dedicated ourselves to ensuring the protection of your rights during this traumatic time. Don't hesitate to call my office if you need additional information about your DUI arrest.
Am I required to answer questions at a DUI traffic stop?
No, in fact, I advise that you don't answer questions other than to identify who you are. The police will use anything you say against you in court and this is the time to invoke your constitutional right to remain silent. For more information about DUI concerns, I invite you to contact an experienced Colorado Springs DUI lawyer from The Samuelson Law Firm.
If I'm stopped, must I submit to roadside tests?
Field sobriety tests are strictly voluntary and you are not required to complete them; in fact, you should politely refuse. They are standardized and designed to detect if someone is under the influence of drugs or alcohol. One of the tests the officer may request of you is the Preliminary Breath Test (PBT), which is a hand held device that you blow into. It cannot be used against you in court and, as with the other tests offered, do not take it.
Do I have to take any tests at all if I'm picked up for DUI?
No, but if you are taken to the police station and refuse the chemical breath & blood tests, under the Colorado
Express Consent law your driver's license will likely be revoked for one year. If you take the test, your result is over the legal limit and it is a
first time DUI for you, your license will likely be revoked for 90 days.
Do I have to take both chemical tests at the police station?
No, you choose between a blood test and a breath test. I advise my clients to take the breath test, however, because this test is often inaccurate and is therefore more easily challenged in court.
What do I need to do to keep my license?
You have only 7 days from the time that you received your Order of Revocation/Temporary Driver's License (usually issued at your arrest) to request a hearing with the DMV. If you fail to make this request, your license will be revoked automatically after 7 days. If you request a hearing, your temporary license will remain in effect until your hearing, which can be up to 60 days later.