Often, people in Fort Collins, and all across Colorado, partake in the occasional libation. While this is not generally a problem for those who are of age, it can cause issues for drivers. According to the Colorado Department of Transportation, over 26,000 people throughout the state are arrested each year for DUI. Not all of these arrests are clear-cut, however. In order to help protect themselves from unwarranted arrests, it behooves Colorado drivers to understand their rights during DUI traffic stops.
Drunk driving in Colorado
It is not illegal for drivers in the state of Colorado to get behind the wheel after consuming alcohol. However, it is illegal to drive if their ability to safely operate the vehicle is impaired. With few exceptions, a motorist’s level of impairment is determined based on their blood alcohol
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This means that motorists do not have to perform them. Often, law enforcement will not notify drivers of this fact when asking them to participate.
Chemical tests
Driver’s rights with regards to chemical tests can be confusing. Prior to being placed under arrest, Colorado motorists generally have the right to refuse preliminary breath tests. It is important to keep in mind, however, that if a driver has not consumed alcohol or used drugs, acquiescing to this test could work in their favor.
In some cases, authorities may have probable cause to arrest a driver for suspected DUI even after a preliminary breath test refusal. By state law, Colorado drivers no longer have the right to refuse chemical tests after they are placed under arrest. According to the Colorado Department of Revenue, the state’s Express Consent Law requires drivers to consent to chemical testing if authorities have probable cause that they are driving under the influence. Refusing to comply with chemical tests at this point generally results in additional, severe penalties for motorists.
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