Understanding Your Rights During a Traffic Stop in Colorado
Understanding your rights during a traffic stop can make the difference between a brief inconvenience and a serious legal problem. At Whitaker & Penix, LLC, we represent people throughout Summit County and the 6th Judicial District who are facing legal trouble after traffic stops.
What Triggers a Traffic Stop?
Under the Fourth Amendment, you are protected from unreasonable stops and searches. Any traffic stop must be based on observed or suspected violations. That means a police officer must have a valid reason to stop your vehicle. This is referred to as reasonable suspicion.
Circumstances that may result in a traffic stop include:
- Speeding
- Failing to signal
- Equipment violations (e.g., broken taillight)
- Weaving or erratic driving
Required Documents and Initial Conduct
Once pulled over, you are required to provide the following:
- A valid driver’s license
- Vehicle registration
- Proof of insurance
Responding to Police Questioning
Beyond providing the required documents, you are not required to answer any questions during a traffic stop. You can invoke your right to remain silent under the Fifth Amendment by saying, “I choose to remain silent.”
You do not have to answer the following types of questions during a traffic stop:
“Where are you going?”
“Have you had anything to drink?”
“Do you know why I pulled you over?””
Search and Seizure Laws in Colorado
The Fourth Amendment protects against unlawful searches and seizures. An officer cannot search your vehicle unless
- You give consent
- They have probable cause (e.g., they see contraband in plain view)
- They have a warrant (rarely happens in traffic stops)
- You are lawfully arrested, and the search is for weapons or evidence
Never Consent to a Search
If an officer asks, “Do you mind if I search your car?”—you can legally decline. Say, “I do not consent to a search.”
Consenting waives your rights, and any evidence found may be used against you.
You Have the Right to Record a Traffic Stop
Recording a traffic stop can protect you if misconduct occurs or if your version of events is later challenged. Colorado law allows you to record police encounters as long as:
- You do not interfere with the officer’s duties
- You do not reach for your phone aggressively
- Your phone remains visible
DUI Stops and Roadside Tests
Summit County law enforcement routinely patrols for impaired drivers, especially near resorts and during tourist season.
Roadside Sobriety Tests
You are not legally obligated to perform field sobriety tests (e.g., walk-and-turn, one-leg stand). These tests are voluntary and subjective.
Breath and Blood Tests
If you have been arrested on suspicion of DUI, there are serious consequences for refusing to submit to a BAC (blood alcohol content) test. Under Colorado’s Express Consent Law, refusing a chemical test after arrest results in automatic license suspension. Refusal can also be used as evidence in DUI proceedings.
You have the right to speak with an attorney as soon as practicable, but not before choosing whether or not to take the test.
What to Do During a Traffic Stop
Remain calm and place your hands on the wheel. Avoid sudden movements and wait until asked to retrieve documents. This helps de-escalate the interaction.
What If You Are Searched or Arrested?
Remain Silent
Anything you say can be used against you. Do not explain, argue, or justify.
Ask for an Attorney
Clearly state, “I want to speak with an attorney.” Remember: You are not required to answer any questions without counsel present.
Avoid Resistance
Even if you believe the stop is unjustified, resisting can lead to additional charges. Stay calm and fight the issue later with legal help.
Common Violations During Summit County Traffic Stops
Tourists and locals alike can face legal consequences for these types of infractions:
- Drug possession: This could include cannabis, as laws vary between recreational use and vehicle transport
- Open containers: Alcohol and marijuana open container rules are strictly enforced
- License issues: Out-of-state or expired licenses can lead to citations
- Driving on a suspended license: Often results in arrest
These offenses can carry serious consequences without proper legal defense.
Missteps That Can Harm Your Case
These tips can help prevent consequences from getting worse after a traffic stop. Try to avoid the following:
- Talking too much: Volunteering information gives officers more to investigate
- Allowing a search: Even if you believe there’s nothing to hide, don’t give up your rights
- Failing to get legal help: You may not realize the long-term effects of pleading guilty to a traffic offense
Why Legal Representation Matters
At Whitaker & Penix, LLC, we know the law, and we know how it’s applied right across Summit County. Our legal team at Whitaker & Penix, LLC can review your charges and walk you through your options.
Both of our attorneys, Kylie Whitaker and Ehren Penix, have experience working as criminal prosecutors and in private practice, and we have an A+ rating from the Better Business Bureau. We tell you what you need to know, and we’ll show up for you when it matters most.
Whitaker & Penix, LLC has successfully defended clients facing various types of negative situations that resulted from a traffic stop, including:
- DUI
- DWAI
- Drug-related arrests from vehicle searches
- Unlawful detentions
- Civil rights violations
What To Do After a Traffic Stop
If you were stopped, cited, searched, or arrested:
- Write Down Everything – Time, location, officer names, conversation details
- Request Dash or Body Cam Footage – We can help obtain evidence
- Avoid Social Media Posts – Public statements can be used against you
- Call a Local Attorney – Don’t delay, as early legal advice can shape the outcome
Speak With a Trusted Summit County Criminal Defense Attorney Today
You have legal rights during a traffic stop, and we are here to protect them. If you’ve experienced a traffic stop in Colorado that led negative consequences, we can help.
Contact us at (970) 368-0602 to learn more today.
Let Whitaker & Penix, LLC guide you through the aftermath of a Breckenridge traffic stop and help protect your driving privileges and your future.