How to Beat a DUI in Colorado

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How To Beat a DUI

HOW CAN I BEAT MY DUI IN COLORADO?

Getting a DUI can be a frustrating and expensive experience. A qualified attorney who is experienced in beating DUIs in Colorado can evaluate your case and determine the best course of action. This will often be heavily impacted by your behavior during your arrest, your blood-alcohol content level (BAC), and if you have any past DUI’s on your record.

If you are facing DUI charges, your next phone call should be to an experienced Colorado DUI attorney.

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.

WHAT ARE COLORADO'S DUI LAWS?

Colorado law prohibits a person from driving a vehicle while under the influence of alcohol or drugs or while the person’s ability to drive is impaired by alcohol or drugs.” Colorado distinguishes these offenses with the abbreviation “DUI” (driving under the influence) and “DWAI” (driving while ability impaired). Blood tests and breath tests are ways to prove the individual was driving under the influence.

If at the time of the driving offense or a reasonable period of time after the offense (no more than 2 hours) the driver’s Blood Alcohol Content (BAC) exceeds 0.05 but is less than 0.08, the officer can infer that the driver’s ability to operate a vehicle may have been impaired by the consumption of alcohol. If the driver’s BAC was .08 or higher, this indicates that the driver was intoxicated.

 

HERE’S WHAT YOU NEED TO KNOW ABOUT BEATING DUI CHARGES IN COLORADO

If you were found driving under the influence in Colorado, you may be able to find legal flaws or issues with key evidence that is required to convict under Colorado laws. Our team of experienced attorneys can review your situation to determine if there were additional circumstances that may have impacted your case.

Breathalyzer test errors or inaccuracy

In Colorado, officers often use DUI Breathalyzer tests to determine the blood alcohol concentration. There are situations where the Breathalyzer results are inaccurate. This can happen when the breathalyzer is not properly calibrated or maintained. If you received two readings that are not within .02 of each other, there may have been poor calibration issues.

Radio frequency or electronic interference from police radar units or station dispatchers can impact false readings on breathalyzers.
Some health conditions, such as diabetes, can raise acetone levels. Because breathalyzers cannot distinguish between acetone and alcohol, certain individuals may experience an inaccurate reading. Even certain diets can produce false results — Dieters putting their body through ketosis can have inaccurate readings.

Finally, because Breathalyzers measure the amount of alcohol in the air, not the amount in the driver’s blood, they can pick up false readings based on chemical fumes in the air. For example, gasoline, paint, or cleaning fumes may activate a false-positive result. Our attorneys can evaluate all of these possibilities to see if these impacted any of your results.

Medical Conditions

Some drivers experience inaccurate readings because they have diabetes or hypoglycemia. This occurs when the driver doesn’t have sufficient carbohydrates and converts fat cells to produce ketones. The ketones come out of your body by being converted into alcohol and may demonstrate a higher BAC level.

Lack of Probable Cause for the DUI Stop

Colorado law requires that a police officer can only stop a person who is reasonably suspected of committing, having committed, or is about to commit a crime. Even if the officer has reasonable suspicion for a traffic stop, he or she may not search your vehicle or make an arrest unless the officer has “probable cause.” If the officer is conducting a traffic stop and smells alcohol, he or she may have probable cause to make an arrest.

If there was no reasonable suspicion or probable cause, our team of attorneys can file a motion to suppress the evidence found by this unreasonable search and subsequently exclude your BAC test result from evidence. This will substantially increase your chances of having your DUI dismissed because there would be a lack of valid, admissible evidence.

Inaccurate DUI Blood Test

An inaccurate blood test can occur when the blood sample is improperly stored or contaminated. If you think there have been errors in your blood test, one of our attorneys may be able to suppress the evidence and assist with your case.

Inaccurate Field Sobriety Test

It’s possible that there are other reasons that you failed your sobriety test other than alcohol impairment. For example, you may have failed your sobriety test due to police intimidation, bad lighting, exhaustion, vertigo, or poor balance. Our attorneys can evaluate the extenuating circumstances of the field sobriety test and determine whether there were any inaccuracies.

DUI Police Report Errors and Misconduct

In some DUI cases, police misconduct can cause evidence and consequently, DUI charges to be thrown out. This could include instances where Police officers fail to follow Colorado police reporting rules or have inaccuracies or missing information on the police report, fabricate or illegally manipulate evidence, or lying under oath in court.

Improper DUI Sobriety Checkpoint

In some states, DUI checkpoints have been found to be unconstitutional. However, in Colorado, DUI checkpoints are legal. Sobriety checkpoints have every driver that goes through a checkpoint get stopped. An officer does not need probable cause to stop a driver at a checkpoint if they meet certain criteria including:

  1. Officers are advertising the checkpoint location before the stop.
  2. The procedure for stopping the vehicles must be determined beforehand.
  3. The driver should only be detained for a minimum period of time
  4. There should be adequate safety procedures.
  5. Police must take adequate safety precautions.

 

If you were stopped at a vehicle checkpoint that you think was illegally conducted, our team may be able to help fight the legality of your DUI.

As you can see, there are many circumstances that may be utilized to reduce or eliminate a DUI from your record. One of our experienced attorneys can carefully review each of these examples, and explore to see whether there are any other options that may help your case — Contact our office to see how we can help you through this situation.

Frequently Asked Questions

Once you’ve been arrested for DUI you only have 7 days from the time of a refusal or breath test, or 7 days from the time you receive your blood results, to request a hearing with the DMV to avoid the automatic suspension of your license. Depending on the seriousness of your DUI and history, you may be able to avoid a license suspension with a proper legal defense.

In Colorado, a first DUI can result in anywhere from a few days in jail up to a few years in prison, this can be reduced to community service in an ideal case. A third DUI will require a minimum of 60 consecutive days in jail while a 4th or more can have prison time.

Once you plead guilty you will be convicted and the DUI charge will be on your criminal record indefinitely. There is generally no benefit to the defendant for pleading guilty in a DUI case right away. It is best to consult an attorney first.

Colorado Springs DUI 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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