Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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Colorado law does not punish recreational possession of marijuana and psilocybin (“magic mushrooms”) by adults 21 and over.1 However, it is against federal law to cross state lines with these drugs.2
Even driving with marijuana from Colorado to Arizona or to New Mexico is illegal despite that those states permit recreational marijuana as well.3
Therefore, law enforcement officers who see cars with non-Colorado plates leaving Colorado are automatically suspicious: The police may suspect that you may have bought pot or psilocybin in Colorado in order to consume the drugs in your home state.
Currently, there are no formal drug checkpoints on the Colorado border where police search exiting cars for drugs. Though there are other ways police may be able to lawfully stop and search your car.
If you get pulled over for violating a traffic law (such as speeding), officers can legally search your car in either of the following five scenarios:
Though if none of these situations apply to you, then police usually do not have legal grounds to search your car after a minor traffic stop.4
Police may not prolong an ordinary traffic stop just for the purpose for getting a drug-sniffing dog on the scene if there is no evidence that your car contains drugs.
Though if the officer already has a drug-sniffing dog with them during the traffic stop, then it is not a constitutional violation for the dog to sniff your car.5
Yes. In one case, police witnessed a driver dispose of drugs after seeing a sign the police posted that a drug checkpoint lay ahead. The Colorado court held that there was no constitutional violation because the driver was in public and in plain-view when they threw out the drugs from their car.6
Police routinely hold DUI sobriety checkpoints where they may lawfully stop every car going through the checkpoint.
First they ask you questions, such as “Have you been drinking?” If the police see or smell alcohol or drugs – or if you are showing signs of impairment – they may then ask you to
(Both of these tests are optional.)
Then if the police believe there is probable cause that you are committing DUI, they may then arrest you and search your car incident to arrest.7
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.