DUI and DWAI – Five Things NOT to Do
How to Win Your Weld County Driving Under the Influence Case

If you've been charged with DUI or DWAI, be smart, exercise your right to remain silent and contact the the O'Malley Law Office at 970-616-6009.

DUI and DWAI cases in Weld County, Colorado involve have many different things not to do with Police.  You can win your Driving Under the Influence case if you are disciplined and remember what not to do.  Keep this list in mind and your chances of winning in court will skyrocket:

First Thing You Should Never Do With Your Greeley DWAI or DUI: Roadside Tests

Police in Colorado love to soft sell roadside tests, so you’re sure to do them.  Roadsides are designed to help the officer gain probable cause to arrest you – nothing else.  We often watch Greeley Police body cams where the officer says to the person they’ve pulled over, “I just need to make sure you’re safe to drive – will you perform a few tests for me?” These tests are very difficult to do perfectly, and in 90% of the cases will help cops arrest you.  Don’t think the cop is trying to help you out – he or she wants to arrest you if they can, and will do so with roadside tests.

Second Driving Under the Influence Tricks in Police Stops in Weld County

Weld County Sheriffs and Greeley Police want to get evidence so they can arrest you once they “light you up” and pull you over.  They are hoping for answers to questions which you should never answer, like:  what have you been doing tonight?  Have you had anything to drink?  How much have you had to drink?  The newest and most damaging is, “on a scale of 1 to 10, with 10 being the most drunk, how would you rate your intoxication level?”  Never answer any of these questions which will give the officer probable cause to put you in the Weld County Jail.

Third Colorado DUI and DWAI Thing Not to Do – Assume the Police are Neutral

Police in Colorado DUI and DWAI stops have one goal: to arrest you.  Any question they ask is designed in advance by professionals to land you in jail.  Some cops are really good at making you feel they are neutral and are just curious about some things. They want you to think they are your friend. We have never seen a neutral cop.  They are trained how to get probable cause for your arrest, so be quiet. You only need to give them your driver’s license, and proof of insurance and registration.

Fourth Police Trick in Colorado to Get You Arrested – Getting You to Admit that You Were Driving

Many DUI cases involve police contact after you’ve shut off the engine or gotten out of the car.  Never admit you were driving.  If you pull over to rest, take a nap or switch drivers, shut off the car and pull the keys out of the ignition.  Then, when police contact you, NEVER admit you were driving.  Never answer questions about who else might have been driving.  It is tough for cops to prove you were driving if they did not see you operating the car.  So, just be quiet and tell them you’d rather not answer any questions.

Fifth Thing Never to Do at a Driving Under the Influence Stop – The Portable Breath Test or PBT

In their desire to arrest you, Colorado cops have a small device they ask or tell you to blow into, so they “can be sure you are safe to drive.”  It is called a PBT or Portable Breath Test.  While not admissible in court, the results from this little device are used to form probable cause to arrest.  The BAC / Blood Alcohol Content on these devices can get you arrested all by themselves.  And, they are completely voluntary to blow into  – you are not required to take that test.  You are only required to take a blood or breath test at the jail, police station or hospital, after you are arrested.  So, tell the police officer you don’t want to take the test, and your chances of getting arrested go way down.

Remember, cops want to arrest you.  Generally, they have a list of things to get them probable cause, and getting this information is difficult if you will just say no, and keep quiet.  Don’t answer their questions and don’t do any test except the one at the jail, police station or hospital.  If you stay disciplined, you may just be driving away from your next Colorado DUI stop.


If you or someone you love has been charged with DUI or DWAI, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.

Image by Steve Buissinne from Pixabay

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