Your Rights During a Traffic Stop in Colorado

When you’re stopped by police in Colorado, officers need “reasonable suspicion” to pull you over for a traffic infraction or suspicion of a crime.

During the stop, they may ask for your license, registration, and proof of insurance. However, they cannot search your vehicle without either consent, probable cause, or a warrant. Probable cause means there’s a reasonable belief that evidence of a crime may be present in your car. Without this, they typically cannot proceed with a search.

Under Colorado law, it’s important to know that refusing a search request does not imply guilt, nor does it give the officer probable cause to search your vehicle. Colorado’s stance on search and seizure is particularly stringent, with several rulings affirming citizens’ rights against unlawful searches.

For instance, Colorado Revised Statutes Section 16-3-103 protects citizens from unreasonable search and seizure, mandating that police officers cannot detain someone longer than necessary to issue a ticket or complete the purpose of the stop unless they have probable cause to believe a crime is occurring.

Drug Searches and Colorado’s Drug Laws

Despite changes to the state’s drug laws in recent years, Colorado’s stance on drugs is not a free-for-all. Possessing certain drugs, such as heroin, cocaine, or other controlled substances, remains illegal. Drug-related traffic stops remain a common cause for police searches.

For example, if an officer smells marijuana in your vehicle they may use this as probable cause to search. However, this alone does not guarantee a legal search. The circumstances of each stop matter greatly, and without additional evidence suggesting illegal activity, a search based solely on the smell of marijuana could be challenged in court.

For individuals under the influence or carrying larger quantities of marijuana than legally allowed, the officer may have probable cause to search under C.R.S 18-18-406, which governs the possession of controlled substances, including marijuana regulations.

What to Do if Police Want to Search Your Vehicle

If an officer asks to search your vehicle, you have the right to politely decline. You can say, “I do not consent to a search,” which can prevent a search from proceeding unless the officer has probable cause. Be respectful and compliant with all other requests, such as providing your license and registration, but maintain your right to decline the search. If the officer insists, remain calm and avoid confrontation. You can challenge the search later in court if the officer conduct the search without legal justification.

Do You Have Questions about Your Search and Seizure Rights During Traffic Stops in Colorado?

If you believe your rights were violated during a traffic stop, particularly if an officer searched your car without your consent or probable cause, it is in your best interest to contact a knowledgeable attorney. An attorney experienced in Colorado criminal defense can review the details of your case and help determine if the search was lawful. They can also guide you on steps to protect your rights moving forward.

To speak to someone about your situation or to find out whether an officer violated your rights through a search, contact the Juba Law Office.

The post Understanding Search and Seizure Rights During Traffic Stops in Colorado appeared first on The Juba Law Office PLLC.

What are the penalties for a DUI in Colorado?

Colorado DUI penalties vary depending on (a) how many previous convictions the driver has received and (b) the driver’s blood alcohol content (BAC).

For first-time offenders, a conviction for a DUI can include the following possible penalties:

• Five days to one year in jail
• Between 48 and 96 hours of community service
• $600 to $1,000 in fines (excluding court fees)
• Two years of probation
• A 9-month driver’s license revocation
• Alcohol or drug education classes

For second- or third-time offenders, the penalties are a bit more severe, including the following possible penalties:

• A minimum of ten consecutive days in jail (for a second offense) or sixty consecutive days in jail (for a third offense)
• Between $600 and $1,500 in fines (excluding court fees)
• 48 to 120 hours of community service

What happens when I get pulled over?

When an officer pulls you over, they may ask you to take a preliminary breath or field sobriety test. It is within your legal rights to decline this test, and we recommend doing so. Taking a field sobriety test is more likely to hurt than help your case in court and is just one factor an officer will use to determine probable cause for an arrest.

If you are arrested, Colorado’s “express consent” law applies. This law states that after you obtain your license and get behind the wheel, you automatically consent to take a breathalyzer or blood alcohol content (BAC) test if pulled over due to suspicion of the following:

• Driving under the influence in Colorado
• Driving with a blood alcohol content of .08% or more
• Driving while under the influence of drugs
• Driving while under the influence of marijuana
• Driving with impaired abilities

In the state of Colorado, these DUI chemical tests include blood tests and breath tests.

Should I take the blood test or the breath test?

Usually, the arresting officer is required to offer you a choice between a blood test or a breath test (with some notable exceptions). Unfortunately, there is no obvious choice between the two – each test offers a unique set of advantages and disadvantages.

The most important thing is to remain cooperative and polite towards the arresting officer. Your blood alcohol content is not the only factor that will be used as evidence in your case. Getting angry or combative can only hurt you.

What happens if I refuse a breath or blood test?

The consequences of a DUI arrest are severe, so should you refuse an evidentiary DUI chemical test? The answer is complicated. As explained above, Colorado’s driving laws include implied consent, so refusing a test will carry additional consequences.

The additional penalties for refusing a blood or breath test include:

• An automatic suspension of your Colorado Driver’s License, though reinstatement of driving privileges can be applied for after two months
• Designation as a PDD, or persistent drunk driver, regardless of whether or not you have any previous offenses
• A mandatory education program
• An ignition interlock device for one year after reinstatement
• Required SR-22 insurance

It is important to remember that if you do consent to a test, and you fail the test, this will be the strongest evidence the prosecution will be able to use against you in court. However, even if you do refuse a breathalyzer test, that doesn’t mean you’re automatically guilty. You can hire a Colorado DUI lawyer and challenge the charges in court. The success rate depends on the unique circumstances of the case. Most Denver criminal defense attorneys will use one of three defenses:

• Unlawful stop or arrest: This includes arguing that the officer pulled you over illegally, arrested you without probable cause, or required a breath or blood test without probable cause.
• No proof of intoxication: This defense is most successful if a person did not take a blood or breath test, or if the officer did not appropriately administer the test.
• No proof of driving: This can include a situation where the officer contacts you after the occupants of the vehicle had already exited.

If you are looking for a qualified attorney with experience handling DUI cases in Colorado, contact The Juba Law Office for a consultation.

The post Blood, Breath, and Roadside Tests: Which One Should You Take? appeared first on The Juba Law Office PLLC.