What Are My Rights if I’m Pulled Over?
If you’re stopped by a law enforcement officer, you should ensure you are courteous and polite. It is not legally required, but it is not to your benefit to be combative or rude. An important thing to remember is that you are not by law required to tell the officer anything about where you’ve been or if you have had anything to drink that evening.
Additionally, by law you have the right to decline to perform any field sobriety tests. You do not have to exit the vehicle unless you are being taken into custody and you may legally request that the officer issue you a citation and let you be on your way. You do not have to consent to a field Breathalyzer test, either; this test is inadmissible in court and is only useful to incriminate you.
However, if you are taken into custody at any point during your interaction with police the rules change. Once you are in custody you are required by law to consent to a breath or blood test for alcohol, or a blood test for marijuana. Refusal to comply with one of these tests will result in an automatic one year suspension of your driver’s license as Colorado has a law known as the “implied consent” law. When you signed your paperwork for your license, you agreed to consent to a blood or breath test should you be suspected of being under the influence and subsequently taken into custody.
The Law Center PC