Should I Talk to Police If I Am Arrested for a DWAI or DUI?

When you are driving and stopped by the police for any reason, it can be a stressful and upsetting experience. You may forget what rights you have, and you may feel compelled to answer questions that the police are asking you. The situation can be even more distressing if you have had one or more alcoholic drinks, or if you have recently used a controlled substance. The police might have pulled you over on suspicion of a DWAI or DUI, and any information you provide might ultimately be used against you in a DWAI or DUI case.

You might be wondering if there are some circumstances where you will be treated more gently, or perhaps released without charges, if you agree to cooperate with the police by answering questions. Although the police might suggest as much to you, it is important to exercise your valuable right to remain silent. Our Colorado DWAI and DUI defense lawyers can explain in more detail.

You May Be Required to Provide Identifying Information

If you are driving and are stopped by the police on suspicion of a DWAI, DUI, or for any other traffic offense, the only information that Colorado can require you to supply verbally is identifying information. This is commonly known as a “stop and identify” law. You may be required to provide your name and address, or to show your driver’s license.

You Have the Right to Remain Silent: Do Not Answer Questions from the Police

If the police believe you may have been drinking alcohol or using drugs, they may ask questions about where and when you were drinking (or whether you were drinking), where you are coming from, and so forth. Under the Fifth Amendment of the US Constitution, you have a right against self-incrimination. Even if the police suggest that things will be easier on you if you talk and provide details, it is important to exercise your right to remain silent. Information you supply truly can be used against you in — and may be the building blocks for — a DWAI or DUI case.

Right to Remain Silent Does Not Extend to a Chemical Test 

While you have a right to remain silent, that right does not extend to a refusal to be “silent” with regard to providing information in a chemical test. Once you drive on Colorado roads, you are required by Colorado’s Express Consent law to consent to a chemical test if the police believe you have committed a DWAI or DUI. If you refuse a chemical test, you will be in violation of Colorado law, will have your license revoked, and you may face additional consequences.

Contact a Denver DUI Defense Lawyer Today for Help with Your Case 

If you are stopped by the police while you are driving, and you are stopped on suspicion of a DWAI or DUI, it is essential to understand your rights. While Colorado law can require you to identify yourself during a traffic stop, you have the right not to speak to the police otherwise. This right includes after a DWAI or DUI arrest. Remember that you do not need to answer any questions about where or when you may have consumed alcohol or a controlled substance, or any other questions for which your answers could be used against you.

If you were arrested for a DWAI or DUI in Denver, you should get in touch with one of the experienced Denver DUI defense attorneys at DeChant Law today. We can begin working on your defense with you to help you avoid a conviction.

Sources:

law.justia.com/codes/colorado/2023/title-42/drivers-licenses/article-2/part-1/section-42-2-115/

constitution.congress.gov/constitution/amendment-5/