Most Denver criminal defense attorneys will advise you not to cooperate with the police on the scene and instead ask for your Denver DUI lawyer immediately. That's because most of the things police officers will ask you to do, such as roadside sobriety tests and answering questions are totally optional. You don't have to do them, and it can't be used as evidence against you in court if you decline to cooperate. There is one exception: the blood alcohol test. Although the blood alcohol test is technically optional, if you decline to take it, the penalty is actually more severe than blowing an illegal level.
That's because of a doctrine called "implied consent." The theory goes that by possessing a driver's license, you have consented to reasonable measures to keep the road safe. Although this may sound somewhat like hooey (doesn't everybody have to drive?) the Supreme Court permits it under the constitution. As such, although you do have the right to decline a sobriety test, you'll be punished for doing so. A "no-blow" can result in you license being suspended for up to a year, along with a stint in jail. As such, while it's best to not answer an officer's questions in the field, and smart not to subject yourself to field sobriety tests, and you should definitely call a Denver criminal defense lawyer as soon as you think you might be in trouble for a DUI, one thing you probably won't be able to ultimately avoid is taking some kind of blood alcohol test. I will have more commentary on this in a later post, but for now just know that a Denver DUI lawyer can help make sure the blood alcohol test does as little damage to your case as possible, while protecting your rights throughout the process, so call one as soon as possible.
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