Driving while under the influence (DUI) or driving while ability impaired (DWAI) is a serious offense in Colorado that many residents have to deal with at some point. You’re not alone if you got arrested on DUI charges.
In the US, there are 865,000 DUI arrests every year. That’s a lot of drivers who get into similar problems as you. And here’s the thing…
Most of them make a series of mistakes that cost them thousands of dollars.
Fact is, they could have avoided the problem, but they were in a panic.
The right actions on the day and after the DUI arrest can help you protect your rights and secure your future.
In this post, you’ll learn about the biggest mistakes you can make when you get arrested for DUI.
Table of Contents
You will find out:
- Hours After Arrest: Why It Matters
- Talk to the Police: Don’t Do It
- Failing to Document Things that Matter
- Not Having a Lawyer: The Most Costly Mistake
- Missing the Deadline
Hours After Arrest: Why It Matters
Here’s the thing…
The first 24 to 48 hours after you get arrested on DUI charges matter the most. These are the hours when most people make the biggest mistake.
During this time, your decisions can improve or destroy your life.
When arrested on DUI charges in Colorado, it’s even more important to know the laws and what you can and cannot do. Colorado is one of the most strict states when it comes to DUI. That’s why your actions right after your DUI arrest matter.
The most common mistake people make is panicking and talking.
Don’t.
Talk to the Police: Don’t Do It
You might be thinking…
But what if they think I’m guilty and don’t want to help me? You might have nothing to hide, but just remember this.
Anything you say can and will be used against you.
You’re going to say the wrong thing. Even if you’re honest and explain the situation, officers won’t care. They will use your words against you to strengthen their case.
And that’s not the only mistake you can make when arrested for DUI. Police are not your friends. Their job is not to help you, but to get evidence against you.
Did you know that 32% of all fatal crashes involved alcohol in 2022?
Authorities take DUI charges seriously. You should too.
So, do this:
- Be polite but say nothing except for providing your basic identification info.
- Ask for an attorney and exercise your right to remain silent.
Failing to Document Things that Matter
This is the one thing I see people do almost every time…
People forget to document the circumstances and conditions of their arrest. Inevitably, the memory fades, things get blurry, and details get lost if not recorded soon after the event.
You must document the following things:
- The time and location of your stop
- The weather and lighting conditions
- The officer’s words and actions
- Witnesses and their contact information
- Your physical state and any medical conditions
- Medications you took
- The amount of sleep you got the previous night.
Why does this matter? Your lawyer will need every single piece of information to prepare your defense. It’s the little things that often make the difference between a conviction and a dismissal. Inconsistencies in the officer’s report or testimony can be a big win for your case.
Pro-tip: Record these details on your phone. Time stamps can be very important in court.
Not Having a Lawyer: The Most Costly Mistake
I’ve heard all the excuses…
“I can’t afford a lawyer”
“I’ll ask my friend for help”
“I’ll just represent myself.”
And I’ve seen the result. Don’t be like them.
The most costly mistake after DUI arrest is not having a qualified defense attorney.
Here’s the reason why…
The law, the science behind breathalyzer tests, the legal procedures – it’s all complex. Most people are not lawyers. They can’t know the laws and use them in their defense.
Consider this…
87% of DUI arrests involve first-time offenders. The majority have no clue how things work, what to do, and what not to do.
You wouldn’t perform surgery on yourself, would you? You won’t represent yourself in a criminal case, will you?
Fact is, a good defense attorney is an investment in your future.
Missing the Deadline
This mistake can literally make or break your DUI case…
You have deadlines for everything. Miss them, and some important defenses can get out of your reach forever.
These are the critical deadlines you have:
- The request for a license suspension hearing (usually within 7-10 days after arrest)
- Discovery motions (depends on your jurisdiction)
- Pre-trial motions deadline
- Plea negotiations window.
Did you know these deadlines start ticking from the moment you get arrested, not when you contact an attorney?
The longer you wait to get a lawyer, the more options you lose.
Common Evidence-Related Mistakes
Did you know that…
The prosecutor’s evidence against you is not bulletproof? Breathalyzer machines fail. Field sobriety tests get administered incorrectly. Chain of custody gets broken.
But here’s the catch…
If you don’t challenge that evidence properly and timely, the court will assume it’s accurate and admissible.
So what’s the evidence that people often forget to check?
- Breathalyzer calibration records
- Officer’s training certification
- Video footage from your stop
- Medical conditions that may affect test results
- Rising blood alcohol defense.
Lawyers need time to investigate these issues. The later you hire a defense attorney, the harder it is to gather evidence.
Social Media and Public Perception Mistakes
This mistake is getting more and more common…
Talking about your DUI arrest on social media or in public.
It’s a mistake. Don’t do it.
Prosecutors monitor social media. What you post can become evidence against you.
Keep your arrest private. Don’t post about it. Don’t share photos from that night. Don’t vent about the police officer on Facebook. Don’t even tell your close friends about your case until everything is over.
Plea Bargain Pitfalls
And last but not least…
Accepting the prosecutor’s first plea offer. Most people think that taking the deal is the smart thing to do. A quick resolution.
It can be, but often isn’t.
So, before you take a plea offer, think about the following:
- Is the evidence against you as strong as the prosecutor says?
- Do you have defenses you haven’t explored yet?
- What are the long-term consequences of a guilty plea?
- Are there alternative sentencing options that could be more favorable?
Remember, once you take a plea deal, it is almost impossible to take it back.
Takeaways
Avoiding these mistakes requires two simple things…
Act fast and act smart.
Get experienced legal representation immediately. Document everything. Don’t miss deadlines. Don’t talk about your case. And last but not least, don’t panic. Don’t assume the worst-case scenario is a certainty.
Many DUI cases get dismissed or reduced with the right strategy and approach. But you have to avoid the mistakes most people make to make it happen.
Call to Action
Getting arrested on DUI charges in Colorado doesn’t have to ruin your life. However, making any of these mistakes can.
The difference between a minor hiccup and a life-ruining catastrophe lies in the decisions you make in those first few days after the DUI arrest.
Don’t let panic guide your actions. Don’t let deadlines pass you by. And don’t try to go through the process without an attorney.
Your future is worth more than trying to save a few bucks on a good defense.
