The first part of any DUI investigation is probable cause.Β This is the reason for police officers to contact a citizen.Β Without probable cause, a police officer would have no reason to stop a defendant.Β If law enforcement lacks probable cause, the police cannot use any information they collect during the investigation.

Under the law, authorities can stop a defendant based on an anonymous tip.Β This classifies as a REDDI Report.Β 

AΒ DUI defense attorneyΒ can review why the police stopped a driver. They can determine if the police had a good reason.Β You should always speak with a DUI lawyer after an arrest for driving under the influence.

What is Probable Cause under Colorado Law?

Probable cause happens when law enforcement has enough facts. These facts make a reasonable person believe a crime has happened.Β A probable cause determination is a mixed question of law and fact.Β 

Remembering that probable cause is not proof beyond a reasonable doubt is important.Β Instead, we can classify it as a reasonable suspicion that a crime has occurred.Β In traffic cases, a police officer who sees a traffic violation can stop the vehicle.

Typically, traffic stops occur for observed driving.Β A basis for a stop includes speeding, expired tags, or weaving.Β However, police will occasionally base their stops off anonymous reports.

What Happens if Police Do Not have Probable Cause?

A concept under the law called fruit of the poisonous tree could impact these types of cases.Β This concept means that police cannot use evidence they obtain illegally.Β The practical result is that the court will suppress the evidence.Β 

In a traffic stop, it is crucial that police have probable cause to make a stop.Β Every citizen of the United States has a right to be free from unreasonable search and seizure.Β Seizure is a broad definition that applies to detention.Β 

A traffic stop is a detention pursuant to the law.Β If police lack probable cause to stop, they will suppress any evidence of driving under the influence.Β The prosecution will be unable to proceed if someone suppresses the evidence.Β Β 

If the court dismisses the case, an individual can seal their record. Several years ago, lawmakers simplified the law concerning the sealing of dismissed cases.

What is a Colorado REDDI Report?

REDDI is an acronym.Β It stands for report eradicate and drunk driving immediately.Β People that drive on Colorado’s interstates have likely seen signs encouraging drivers to utilize these services.

The REDDI hotline in Colorado is (800) 422-9090.Β Individuals can also report REDDI directly to 911 or police departments.

Communicating in a clear way is important. There should be a report created that shows who made the anonymous tip. REDDI reports can be anonymous.

Can a REDDI Report provide Law Enforcement Probable Cause?

This question was answered in 2014 by the United States Supreme Court.Β In Navarette v. California, it was held that police are justified in relying on an anonymous call.Β However, the Court gave guidance on when this action is justified.

An anonymous call must be made by an eyewitness.Β This means the person that is report must be the one that observed the eradicate driving.Β A secondhand witness cannot report problematic driving.

The call must also be placed nearly contemporaneous to the event.Β This condition is typically met by a caller describing something that they are seeing at the time.Β If a caller waits to call when they get home, it will not be sufficient to meet the requirements of a REDDI Report.

Additionally, the call must be traced.Β This requirement is crucial.Β Without it, police could hypothetically stop individuals without probable cause and claim there was a report.Β The tracking element is crucial in determining whether police received a report or not.

Finally, the caller must give sufficient details for a stop to be made.Β This includes identification of the vehicle.Β The caller must be able to describe the vehicle’s color, make, and model.Β Ideally, a license plate will also be given.

Identification is important.Β If the police get information about a red truck and stop a white car, they won’t have a good reason to stop it.Β 

What is Driving Under the Influence under Colorado Law?

To discuss driving under the influence and unlawful possession of a firearm, you must first comprehend the definition of drunk driving.Β DUI is the operation of a motor vehicle while under the influence.Β Alcohol or drug use causes intoxication.Β The defendant must be substantially incapable of safely operating their motor vehicle.Β 

Operation of a motor vehicle includes driving while ability is impaired.Β This is the operation of a motor vehicle while a defendant is impaired to the slightest degree.Β 

A DUI is driving with a blood alcohol concentration of .08 or greater.Β A DWAI is having a blood alcohol concentration above a .05. The BAC will come from a breath tests and blood tests. Authorities typically charge a person who refuses to submit to a test with a DUI.

The only limit imposed by Colorado law revolves around marijuana. The legal limit for active THC is 5 nanograms for a DUI. No lower limit exists for DWAI.

Operation of motor vehicle includes being in actual physical control of a motor vehicle.Β This is being able to quickly exercise control over the vehicle.

The Court will consider several factors to decide if a person hadΒ actual physical control of their vehicle. These factors include:

– This includes the vehicle’s location.

– It also includes the person’s position in the vehicle.

– Additionally, it notes where the keys are.

– Finally, it indicates if the vehicle is running.

Can the DMV use a REDDI Report?

Every drunk driving criminal case has aΒ secondary matter with the DMV. This is an administrative case, and the focus is on driving privileges and license suspension. The administrative hearing feels like a criminal case, but the rules are vastly different.

The main difference is the burden of proof is a preponderance of the evidence. This means that it is more likely than not that the defendant committed the alleged actions.

The lowered burden means that REDDI report is likely to be admissible. If it is, the DUI arrest will be valid. You can use the chemical test to revoke a person’s driver’s license.

The rules of evidence are also relaxed at the administrative hearing. Hearsay is an out of court statement offered as proof. Criminal cases exclude them. However, hearsay can be admissible in an administrative hearing if it is deemed reliable.

This means hearing officers will likely not listen to or consider any audio of a 911 call. In some cases, the audio file can be uploaded to the DMV and introduced as evidence.

What are Problems when Facing Colorado DUI REDDI Report Cases?

The biggest issue is the REDDI report may be accurate.Β A police officer who receives an accurate description of the vehicle will have probable cause.Β Trainers prepare operators to ask witnesses questions that elicit such information from them.

Additionally, Police will typically observe the vehicle for a period prior to initiating a stop.Β This observation can lead to secondary reasons for a stop.Β 

As discussed above, the probable cause for a traffic stop is the violation of any traffic law.Β This can be speeding or failing to signal for a turn. Police will often observe a vehicle for a period of time before making a stop.

An anonymous tip can also be used as a basis for contact after driving. If someone informs the police about problematic driving, they may look at the address associated with the license plate. After finding this information, police will investigate and make contact with a suspect at their house.

A person can face charges for driving under the influence after they return home. In these types of cases, it is also important to look at what the individual says to police. Regular investigation includes questioning suspects about driving.

Consult a Colorado DUI Defense Attorney for a free consultation

AΒ DUI criminal caseΒ can seriously impact a defendant.Β It may seem simple and straight forward, but this kind of case can be complicated. Criminal defense and DUI law is not easy to understand.Β It is important to speak with an Aurora DUI defense lawyer that understands the complexities of a DUI case.

The law surrounding actual physical control is complex.Β The Lawrence Law Firm understands the cases surrounding this topic and monitors any change in the law.Β Β Β 

Our firm routinely handles DUI case.Β We are ready, willing, and able to provide you the representation you deserve.Β We offer free consultations and flexible payment plans.

Our defense lawyer routinely represents clients inΒ Arapahoe,Β Denver,Β Adams,Β Jefferson, and any metro case. Our firm offers appointments afterhours or on the weekends.

We offer flat fees criminal cases. Our fees are affordable, and we offer flexible payment plans. Our goal is to provide competent and aggressive legal representation to everyone regardless of budget.

Request a consultation from ourΒ Denver DUI attorneysΒ today. We can help and give legal advice to anyone facing DUI charges in the Denver Area.Β 

Request a Free Consultation

Full Name(Required)

Areas of Practice

Service Areas

Picture of Lain A. Lawrence

Lain A. Lawrence

Lain is the founder of the Lawrence Law Firm, where he offers dedicated representation in criminal defense, DUI, and personal injury cases. Since earning his J.D. from the University of Arkansas School of Law in 2010, Mr. Lawrence has handled hundreds of cases, including several trials and hearings, and has appeared in courts across the Denver metro area. He founded the firm in 2012 to provide client-focused legal services.

Recent Posts

Aurora Municipal Court - Aurora Crime Rates 2025

Aurora Violent and Property Crime Rate are Dropping but Defense Still Matters

Aurora has made headlines in 2025 with a significant drop in crime rates, bringing a sense of relief to residents. However, beneath the surface, the reality is more complex. Even as overall crime declines, arrests and charges persist, impacting individuals’ lives profoundly. Understanding the implications of these statistics is crucial, especially for those who may find themselves entangled in the justice system. Strong legal representation remains essential, as the stakes are high, and the consequences of a single charge can be life-altering. Discover why vigilance and experienced defense are more important than ever in Aurora.

Car Accident Cartoon - Colorado Car Accident Damages

What Damages Can you Recover in a Colorado Car Accident

If you’ve been injured in a Colorado car accident due to someone else’s negligence, understanding the types of damages you can recover is crucial. From medical expenses and lost wages to emotional distress and loss of enjoyment of life, each category of damages plays a vital role in your compensation. Navigating the complexities of a car accident claim can be overwhelming, but with the right legal support, you can ensure you receive the fair compensation you deserve. Discover how a skilled attorney can help you maximize your recovery and guide you through the legal process.

Image Generate DWAI - DWAI vs. DUI in Colorado

Understanding Colorado DWAI vs. DUI

Being charged with impaired driving in Colorado can be daunting, with potential fines, jail time, and the loss of your driver’s license looming over you. Understanding the differences between DWAI (Driving While Ability Impaired) and DUI (Driving Under the Influence) is crucial, as these charges carry varying levels of severity and consequences. Whether you’re facing a first offense or a repeat charge, the stakes are high. Discover how a knowledgeable DUI attorney can help protect your rights and navigate the complexities of your case for the best possible outcome. Don’t face this challenge aloneβ€”learn more now!

Comparative Fault in Colorado Car Accident Cases

Understanding the legal landscape after a car accident in Colorado can be complex, especially regarding comparative fault. This rule impacts how responsibility is shared and your compensation. If found 50% or more at fault, you may receive no damages. Navigating these issues requires expert guidance. Discover how the Lawrence Law Firm can help maximize your compensation and ensure a fair settlement in your case.

5 Reasons to Hire a Colorado DUI Attorney

5 Reasons to Hire a Colorado DUI Attorney for Your Defense

Colorado’s DUI laws are stringent and multifaceted, which can make them hard to understand. They incorporate various factors such as blood alcohol content (BAC), previous offenses, and other circumstances.

Navigating through these laws without legal help can be risky. A mistake in understanding could lead to severe penalties.

Colorado Reddi Reports

Colorado REDDI Report and DUI Defense

The first part of any DUI investigation is probable cause. This is the reason for police officers to contact a citizen. Without probable cause, a police officer would have no reason to stop a defendant. If law enforcement lacks probable cause, the police cannot use any information they collect during the investigation.

Under the law, authorities can stop a defendant based on an anonymous tip. This classifies as a REDDI Report.

Request Free Consultation

Contact Information

Address

2821 S. Parker Rd. Suite 865 Aurora, CO 80014 Get Directions

Contact

lain@coloradodefenders.com Ph: 720-369-4929

Hours

Monday-Friday: 8 am - 6 pm Weekends and Afterhours By Appointment

Full Name(Required)