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Each year, numerous people are arrested, tried, and convicted of driving under the influence (DUI). Most of these arrests stem from a traffic stop made by the police after noticing the driver swerve, speed, or commit some other moving violation.
DUI stops in Denver can lead to your arrest, but the police are limited in the extent to which they can investigate you. There must be a valid reason for a traffic stop. Otherwise, the court could exclude any evidence found by the officers. Let a dedicated defense attorney help you review your legal options.
In Denver, police can make DUI stops when they have reasonable suspicion that a criminal offense has been committed. In fact, drivers are usually pulled over for some reason other than suspected drunk driving.
The police may stop your car any time they witness a moving violation or notice some other issue, such as a busted taillight or expired tag. However, pulling you over without a valid reason is a violation of your constitutional rights. This can lead to having any evidence collected at the stop excluded from trial.
Law enforcement can ultimately make an arrest for DUI even when the initial traffic stop was for something mundane, such as a broken taillight or running a stop sign. This is because police have the power to expand their investigation into other crimes during a traffic stop when they discover additional evidence.
Most officers actively look for signs of impairment every time they pull someone over. This begins the moment they make contact with you by evaluating your demeanor, listening for slurred speech, and looking for other evidence, such as bloodshot eyes or the presence of open containers of alcohol.
In this scenario, the police have a limited right to investigate further—beyond the scope of what they originally stopped you for. They can then ask you to submit to a breath test or perform field sobriety exercises.
The vast majority of DUI arrests in Denver result from traffic stops, but they can also happen thanks to something known as sobriety checkpoints. These checkpoints are designed to evaluate passing motorists and identify those who are under the influence of drugs or alcohol.
The United States Supreme Court ruled that these checkpoints are legal as long as they meet certain requirements. The most important factor is that the process is indiscriminate. Either every car must be checked, or some other factor must be used to determine drivers at random. Discriminating against you by selecting you for inspection based on your race or gender is unlawful.
During these stops, the police will make contact with you and look for signs of impairment. They can do this without having any grounds to believe you did anything wrong. If they detect signs of impairment, they can continue the investigation by requesting you provide a breath test or perform field sobriety exercises.
Facing an arrest after a DUI stop in Denver can be stressful, but it does not mean you will be convicted of a crime. You have the chance to beat these charges and move forward with a clean criminal record. Reach out today to discuss your legal options with an attorney.