Potentially facing charges for a DUI is quite scary for many drivers, especially if you believe the charge is not fair. There are many instances where you may be charged with a DUI, but the details of the charges are not entirely correct.
If you have found yourself in this situation, you need to take it seriously and act quickly since the penalties for a DUI can be quite severe. Hiring legal representation will be your best course of action since a DUI defense attorney can help you navigate this process and create your defense.
Common DUI Defenses In Colorado
Even if you are charged with a DUI, the good news is that there are many defenses your DUI attorney can use. Colorado’s DUI and DWAI laws are quite complex and must be tailored to each case and the circumstances that follow. Because of this, your lawyer may be able to find loopholes or areas where the evidence is not entirely clear.
Wrongful Traffic Stop
One of the best defenses your attorney can use is that law enforcement did not have reasonable suspicion or probable cause when they made the traffic stop. Law enforcement cannot simply pull people over without some valid reason for making the traffic stop.
If your lawyer can prove that the initial traffic stop was made without a real reason, the evidence law enforcement obtained could be suppressed. They may have also overstepped their boundaries or gone against your rights when making the traffic stop.
Untrustworthy BAC Tests
Colorado law enforcement uses chemical tests to determine if a driver is under the influence, which could result in a DUI charge. Defendants are allowed to bring these tests into question when it comes to reliability and accuracy.
BAC tests use breath, blood, or urine to determine if a driver is impaired. The results of these tests could be untrustworthy depending on the testing device, the accuracy of the person conducting the chemical test, and how the samples were handled after the fact.
Much of the work law enforcement does when it comes to identifying impairment comes down to observation. Law enforcement is trained to observe whether a person is impaired or not, but it still is not entirely trustworthy. Because of this, your defense attorney could bring into question whether or not the law enforcement observations were correct.
For example, a law enforcement officer may have arrested you, thinking that you were impaired due to specific observations. They may say your speech may have been slightly slurred or your eyes were red and glassy. These are common signs of intoxication, but they could also be signs of fatigue, allergies, or other types of medical conditions, or the officers may just be incorrect or inaccurate with their observations.
There must also be admissible evidence of you driving or in control of a motor vehicle to charge you with a DUI. Your attorney could bring into question whether or not there is proof of you doing either one of these things. You may have been near a vehicle or sitting inside, but you were not actually operating it.
Lack of Knowledge
There are instances where you could be charged with a DUI for things that were not entirely in your control. One example is if somebody spiked your drink and you still operated a vehicle because you were not aware. Or you may have taken a new medication without realizing that it would impair your ability to drive safely.
The Use of Medication
Another slightly gray area when it comes to DUI charges in Colorado is if you were using medications when driving. Although you can still be charged for operating a vehicle under the influence of medications, your attorney can use this to lessen the charges.
This can also apply if you are using medical marijuana instead of recreational marijuana.
Why You Need to Hire a Colorado DUI Defense Attorney
When you are charged with a DUI, there are certain steps you want to take to strengthen your defense. Some examples of things you should do include examining how the police officer is behaving when you are pulled over, not admitting guilt, and remaining cordial and cooperative.
One of the most important steps to take after getting a DUI charge is hiring a DUI defense lawyer to represent your case. Hiring a criminal defense law firm like the Law Offices of Clifton Black ensures you will get expert representation and assistance throughout the legal process. Your lawyer will guide you on what defenses to use and how to navigate the intricacies of Colorado DUI laws.
Can DUI Charges be Dismissed?
There are several instances where a DUI charge in Colorado could be dismissed depending on the circumstances. Many of the defenses we mentioned above could fall into this category depending on the amount of evidence present. For instance, if your attorney can prove that there was police misconduct, the charges could be dismissed entirely.
Some of the most common examples of when DUI charges have gotten dismissed include:
- Breathalyzer test mistakes
- Failure to prove you were driving
- Inability to demonstrate probable cause
- Inadequate supervision at a checkpoint
- Unsafe traffic procedures
- Failure to have a drug recognition expert during the test
One of the best ways to have DUI charges dismissed is to prove that there was something wrong with how the law enforcement initiated the stop. If you can bring this into question, any evidence gathered afterward will usually not be applicable.
Hire an Experienced DUI Defense Attorney at The Law Offices of Clifton Black
No one wants to face DUI charges as they can come with long-term consequences that could have a significant impact on your life. The good news is that there are many ways you can fight a DUI charge if you believe that it is unfair. In some situations, your attorney may even be able to get the charges dismissed entirely.
At the Law Offices of Clifton Black, we have handled hundreds of DUI cases and understand how to navigate Colorado DUI laws. For empathetic and expert legal representation, contact us today at (719)-328-1616 to schedule your consultation.