Do I have to perform roadside maneuvers or field sobriety tests?
No. Under Colorado law you are not required to perform field sobriety tests or roadside maneuvers such as the "walk the line" test. If an officer asks you perform any of these tests the best thing to do is politely say no.
If I am pulled over do I have to answer the officer's questions?
No. You may be required to produce your driver's license and proof of insurance. However, you are not required to answer questions such as whether or not you have been drinking. If you are asked any questions by the officer the best thing to do is politely decline to answer.
The officer did not read me my rights; does that mean that I will win my case?
Generally, no. An officer is not required to read you your rights until you are placed under arrest and when you are pulled over on the side of the road you are not yet under arrest. Thus, anything you say to the officer before your arrest may be used against you. On the other hand, if the officer questions you after you are arrested without advising you of your Miranda rights, anything you say can be suppressed. However, this does not prevent the prosecution from admitting other evidence obtained against you.
I am scheduled to appear in court; do I still need to request a DMV hearing?
Yes! The criminal proceeding that takes place in court is a separate action from the DMV hearing. In addition, unlike a criminal proceeding, you must request a DMV hearing or your license will be automatically revoked. Moreover, you only have 7 days from the date of your arrest to request the DMV hearing so it is critical that you act quickly after your arrest.
I lost at the DMV hearing; does that mean that I will lose in court?
No. The DMV hearing and the criminal proceeding are entirely separate. In addition, the burden of proof in the criminal case is proof beyond a reasonable doubt whereas the burden at the DMV hearing is only a preponderance of the evidence. Thus, you may have a better chance of winning in court.
How do I request a DMV hearing?
A DMV hearing can be requested at any DMV office with the notice of revocation and your driver's license (if it has not already been taken from you). The DMV will issue you a temporary permit that will last for up to 60 days or until your hearing date, whichever is sooner.
Why am I charged with two crimes from only one incident?
Colorado has two statutes that make driving under the influence illegal: DUI and DUI per se. As a result, it is possible for you to be charged with violating both statutes. However, if you are convicted under both, the sentences must run concurrently. Thus, the fact that you may be convicted under both laws does not mean that you will serve any additional sentence.
