Common DUI Questions Answered

Any time a person drives under the influence of alcohol or drugs, they can face a DUI charge. This is a serious matter that can have a lot of implications for your life, so if you’re facing a DUI, contact a lawyer from Richard J. Banta, P.C., for immediate help.

Your attorney will be there to address your concerns and guide you through the legal process, but here are some answers to common questions people facing a DUI ask.

How do police identify people driving under the influence?

Police officers are trained to notice specific driving behaviors that might indicate a driver is under the influence of alcohol or drugs. These include swerving, weaving, making very wide turns, driving far under the speed limit, braking or speeding up erratically, and responding slowly to traffic signals. Sobriety checkpoints are another tool police officers use, and they are common during holidays and at large events, such as the Fourth of July and during the Super Bowl.

Can I refuse to take a field sobriety test?

You do have the right to refuse to take roadside sobriety tests, which are highly subjective and largely designed to give police officers probable cause–a valid reason–to arrest you. You also don’t have to and shouldn’t answer the officer’s questions about how much you’ve had to drink and whether you’ve taken any drugs.

Can I refuse a blood test or Breathalyzer?

You technically can refuse to take a blood test or Breathalyzer, but there are penalties for that refusal. If you don’t comply, your license will immediately be suspended in accordance with Colorado law. You will also face increased penalties from the DMV: a longer time without your license and a longer term with an interlock device for your car, which you will have to blow into each time you drive to start the vehicle.

Unlike field sobriety tests, chemical sobriety tests are not subjective and will determine your blood-alcohol concentration (BAC). Ultimately, whether to take one will be up to you. Unfortunately, you do not have the right to speak with a DUI lawyer before submitting to a chemical test for DUI.

How much does a DUI cost?

According to, the average cost of a DUI is between $10,000 and $25,000 ( Cost varies depending on many factors, including what type of charges you are facing, where you live, and your auto insurance; premiums go up after a DUI. Your attorney will try to help you keep the cost of your DUI down, but it will depend on the facts of your case.

When should I contact a DUI attorney?

It’s wise to contact an attorney as soon as you can after you are charged with a DUI. Being convicted can impact your work and personal lives in several ways, so you will need assistance immediately. Your attorney will be able to take steps to help you right away, such as working on getting you a conditional license so you can still drive to work.