Colorado Springs DUI Defense
When Should I Call a Colorado Springs DUI Defense Attorney?
If you are facing a DUI charge in Colorado Springs, a credible DUI defense is your best chance at getting the charges reduced or dismissed.
DUI cases are complex, but a skilled, experienced DUI attorney can build a strong defense strategy for any defendant.
What are Some of the Possible DUI Defense Strategies?
There are several defense strategies lawyers can use to get DUI charges reduced or dismissed, including:
Illegal Police Stop
A cop can’t pull a driver over without reasonable suspicion or cause, and that suspicion can’t just be a gut feeling or a hunch that someone has committed a crime. There has to be some grounds or evidence that criminal activity is taking place.
In the case of a DUI, police must physically see the driver committing a wrongdoing or be alerted to bad driving by another driver on the road. If you were obeying traffic laws, weren’t weaving in and out of traffic, and had no mechanical issues with your vehicle, it could be argued that the police had no grounds for reasonable suspicion. In this case, that could potentially make the police stop illegal.
If the stop was deemed illegal, any evidence collected during the stop would be inadmissible in court, including a breath or blood test.
Failure to Follow Protocol for Field Sobriety Tests
Police officers must follow certain rules and protocols when administering field sobriety tests. If these rules aren’t followed, the test results may not be admissible in court. For example, evidence may be suppressed if the officer’s conduct was aggressive, disrespectful, or intimidating.
While the results of field sobriety tests can be important, they are only one piece of the puzzle in the prosecution’s case. Circumstances surrounding the testing must be considered. For example, if you had an injury that interfered with your ability to perform the heel-to-toe test, the results lose their significance.
Medical Conditions That Interfere with Field Sobriety Tests
Certain medical conditions can make it appear as if the driver is intoxicated. Fatigue or other neurological conditions can cause slurred speech. Allergies and sinus infections can cause watery eyes.
Some medical conditions can even affect the results of a breathalyzer test. If a person is in a state of ketosis – either because of diabetes or diet choices – a breathalyzer test may register alcohol even when none was consumed.
Biochemicals associated with diabetes and acid reflux can also cause false-positive results on breathalyzer machines.
Improper Testing or Storage of Blood Samples
Following a DUI arrest, blood samples must be tested as soon as possible to determine whether the defendant’s blood alcohol content (BAC) was over the limit. If wait times are unreasonable or the blood was taken by an untrained technician, these issues can be used in your defense strategy.
Blood samples must also be handled and stored properly to ensure accuracy and to avoid fermentation or other issues. Fermentation is especially concerning, as this can make it appear as if the blood alcohol content was higher than it really was. If there is any indication that the sample was not properly handled or stored, this can call into question the integrity and accuracy of the sample.
Miranda Rights Violations
When suspects are placed under arrest, they must be informed of their rights, including the right to remain silent. The arresting officer must also inform the suspect that anything said can be used against him or her in court.
If the officer failed to list your Miranda rights, any questions that you answer after the arrest cannot be used.
It’s important to note that in Colorado, you do not have a right to an attorney until you have either submitted to or refused a breath, blood, or urine test.
If the police officer does not advise you of the state’s express consent law, or your legal obligation to submit to a chemical test, the test results may be inadmissible both in court and at the DMV hearing.
Questionable Breathalyzer Results
The goal with many DUI defense strategies is to invalidate the test results, including breathalyzer results.
Your attorney may look at how breath test machines are calibrated and maintained. If there is evidence that the machine isn’t properly calibrated or working as it should, your attorney can argue that the machine is incapable of producing accurate results.
Ultimately, it comes down to whether the evidence is reliable enough to support a conviction.
If you have been arrested…
Your FREEDOM is potentially at stake. A conviction can have a huge impact on your job, relationships, and your future. You need to act fast.
Finding an Experienced Colorado DUI Defense Attorney
If you are facing DUI charges in Colorado, it is crucial to hire an experienced DUI attorney. Drunk driving cases are complex, and the consequences of a conviction are severe. You could lose your license, face expensive fines, or even spend time in jail.
An attorney who understands Colorado drunk driving laws and has a successful track record can help build a strong defense. A strong defense will give you the best chance of having the charges reduced or dismissed.
Frequently Asked Questions
Beating a DUI, whether it is your first offense or a consecutive charge, is not an easy task. Colorado has very strict DUI laws and will prosecute offenders as such. In order to beat a first time DUI, a DUI defense attorney will work to prove that the police stop was illegal, that there was insufficient evidence of DUI, or otherwise prove that their client should not be convicted of this charge.
Pleading guilty to DUI before speaking with an experienced DUI defense attorney is NEVER a good idea. An attorney will help make sure you understand the true consequences of a guilty plea, as well as help you understand what it would look like to fight your DUI charges.
Depending on the circumstances of your particular DUI arrest, an attorney will be able to give you the best possible chance at either reduced charges or a complete dismissal.
Colorado Springs DUI Defense Attorney Near You
When you’re charged with a DUI in Colorado, you need a lawyer who is familiar with the laws and knows how the court system works. DUI attorneys work with you to help you establish a strong defense. Even if you believe that a conviction is inevitable, an attorney can help you fight for a lesser charge, a reduced sentence, or another more favorable outcome. Contact us right away for a free case consultation.
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KEPT US UP TO DATE EACH STEP OF THE WAY
The attorneys at Right Law Group, reviewed our case and discussed their recommendations clearly. They kept us up to date each step of the way with continued explanations. They were readily available for questions/concerns through the process. We would reach out to them again in the future for any legal concerns.
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