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Can the police give you a DUI after you drive too slowly?

Posted on July 15, 2015

You may know that the police in Colorado have to have reasonable suspicion if they want to pull you over and see if you are drunk. Officers are not allowed to pick out cars at random or pull over every car they see until they find a drunk driver. There must be a reason for the initial stop that leads to the DUI.

Now, you know that driving all over the road, running a red light or speeding could cause you to be pulled over, but what if you drive very slowly? Can the police still pull you over if you haven’t gone over the speed limit? Some people try to do this as a way to avoid a DUI stop, figuring that they can’t be pulled over this way and assuming that means they won’t get a DUI.

The reality is that the police have a lot of leeway when it comes to reasonable suspicion. They can use anything that is out of the ordinary and say it made them suspect that the driver was under the influence. This could include driving well under the speed limit, as well as driving over it.

That’s not to say that you’ll be pulled over for going 50 mph in a 55 mph zone. But, if you just decide to drive 25 mph the whole way home, you should know that the police can legally pull you over and give you a breath test.

The reason you were stopped often plays into your case, so it’s important to know exactly how the laws work.

Source: FIndLaw, “What is Reasonable Suspicion for a DUI Stop?,” accessed July 15, 2015

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