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How Can I Beat A DUI In Colorado?

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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 show you exactly how to beat a DUI. 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.

 

 

 

 

Top-Rated Colorado Criminal Defense Lawyer

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.

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HERE'S WHAT YOU NEED TO KNOW ABOUT BEATING A DUI CHARGE 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. If you want to learn how to beat a DUI — Contact our office to see how we can help.

Colorado criminal procedure

  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

What is the sentence for misdemeanors in Colorado?

  • Class 1

  • 6 to 18 months in county jail, and/or
  • $500 to $5,000 in fines
  • For extraordinary risk class 1 misdemeanors, the maximum jail sentence is 24 months.
  • For 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 48 months if the victim was on duty as a:
    • Peace officer,
    • Emergency medical provider,
    • Firefighter, or
    • Mental health professional at the Department of Human Services.
  • Class 2

  • 3 to 12 months in county jail, and/or
  • $250 to $1,000 in fines
  • Class 3

  • Up to 6 months of county jail, and/or
  • $50 to $750 in fines2

What are Colorado felony penalties?

  • Class 1

  • Life imprisonment
  • No Colorado crime carries the death penalty.
  • Class 2

  • 8 – 24 years in Colorado State Prison, and/or
  • $5,000 – $1,000,000
  • 5 years of mandatory parole if the offense is a crime of violence. Otherwise, 3 years of mandatory parole.
  • Class 3

  • 4 – 12 years in prison, and/or
  • $3,000 – $750,000
  • 3 years of mandatory parole
  • For extraordinary risk class 3 felonies, the maximum sentence is 16 years in prison.
  • Class 4

  • 2 – 6 years in prison, and/or
  • $2,000 – $500,000
  • 3 years of mandatory parole
  • For extraordinary risk class 4 felonies, the maximum sentence is 8 years in prison.
  • Class 5

  • 1 – 3 years in prison, and/or
  • $1,000 – $100,000
  • 2 years of mandatory parole
  • For extraordinary risk class 5 felonies, the maximum sentence is 4 years in prison.
  • Class 6

  • 1 – 18 months years in prison, and/or
  • $1,000 – $100,000
  • 1 year of mandatory parole
  • For extraordinary risk class 6 felonies, the maximum sentence is 2 years in prison.

CALL NOW IF YOU HAVE BEEN ARRESTED

719-822-6227

Getting You To A Better Place Fast

At Right Law Group, we understand the stress you are under. Our Criminal Defense Law Firm is here to guide you down the right path to your legal challenge. Whether you are facing your first DUI, a drug charge, need a restraining order, or are facing another type of criminal charge, our firm is committed to your well-being and protecting your rights the right way.

If I get a DUI in Colorado will my license be suspended?

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.

Do I have to go to jail for a DUI in Colorado?

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.

Can’t I just plead guilty to the DUI?

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.

Experienced DUI Attorney

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.