Getting pulled over or on suspicion of driving under the influence does not automatically make you guilty and neither does being arrested. To convict you, the prosecution must prove your charges beyond a reasonable doubt.
They will have to establish the following elements:
- That the defendant,
- in the State of Colorado, at or about the date and place charged,
- drove a motor vehicle or vehicle,
- while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs
- and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s]
With that in mind, your criminal defense attorney can raise several defenses on your behalf to have your charges reduced or dropped.
Here are a few:
- The traffic stop was unlawful. Colorado law enforcement must have probable cause to perform a traffic stop.
- The field sobriety test was inaccurate. Defendants who are elderly, injured, overweight, or disabled could possibly challenge the accuracy of a field sobriety test.
- The breathalyzer was faulty or improperly administered. Defendants can challenge the accuracy of the breathalyzer if the test was administered incorrectly or the equipment used was not calibrated correctly.
- The blood test was inaccurate. Blood samples taken in Colorado must be collected, handled, and stored correctly, and a DUI defense lawyer can challenge the accuracy of a blood test on these grounds.
- The breathalyzer or field sobriety test was inaccurate
- The officer illegally stopped the vehicle
- There was no evidence that the defendant was operating the vehicle
- The driver was under duress and had no alternative to driving while intoxicated to seek help
