You could face jail time if you are convicted of DUI. The accused can fight the charges. A successful legal defense to DUI or DWI can result in acquittals or reduced charges. A DUI lawyer with experience can evaluate your case and assist you in defending against the charges.
Illegal Traffic Stop
Police need probable cause to stop traffic. The police must have probable cause to believe that the driver, or any other occupants of the vehicle, have violated the law. For example, they may have run a red-light, been speeding or swerving. The police may not consider probable cause if they pulled over the driver because he looked suspicious. DUI checkpoints, roadblocks and other exceptions are not included.
You can avoid being charged with a DUI if you prove that you were stopped by the police without a valid reason. DUI defense attorneys will check to see if the traffic stop was lawful.
Note that an arrest for DUI is not always legal just because the traffic stop was valid. Police must have a reason to suspect that the driver is under the influence. The police must also give you Miranda warnings before they question the suspect. Any incriminating statements cannot be used as proof if the police do not inform you of your rights.
Field Sobriety Testing
Police officers use field sobriety testing to determine whether a driver is under the influence of alcohol or drugs. There are different types of field sobriety test. Most common are walk and turn tests, standing on one leg and horizontal gaze nystagmus.
A flawed or invalid sobriety tests is often used as a defence in DUI cases. First, field sobriety test are subjective by nature, since it’s up to the officer’s judgment to determine whether or not the person passed the test. The results of a sobriety check can be misinterpreted by law enforcement officials or they may make mistakes in recording them. If they are biased against the driver or have preconceived notions, their judgment may be questioned.
Some people have a disability or medical condition that makes it impossible for them to pass the test. Several medical conditions, for example, can affect a person’s balance during the test. External factors could also play a part in the test. If the test takes place on a slippery or wet surface, for example, the accused might not perform as well as they should.
Blood or Breathalyzer Tests that are Inaccurate
A common defense in DUI cases is the challenge to the accuracy of the blood or breathalyzer test. These tests are used for determining blood alcohol concentration levels (BAC). The procedure can be defended against if there are any issues, like the calibration of equipment or the administration of the test.
Although blood tests are more accurate than breathalyzers, they are still susceptible to errors. Inaccurate blood tests are often caused by improper handling of samples or a long time between arrest and blood test.
A urine test can be used in some cases to determine BAC, but it could be just as unreliable or inaccurate as other tests. DUI defense attorneys can examine the evidence and determine whether a breathalyzer test, urine test or blood test that is inaccurate or invalid could be used to defend DUI charges.
Rising Blood Alcohol Content
The rising blood alcohol level is a common defense to DUI/DWI. You accept the accuracy and reliability of the BAC tests, but contest the timing. Alcohol content in blood increases over time. You are trying to prove, by using this defence, that your BAC at the time you were driving was lower, and that it then increased at a later date when you weren’t driving.
Colorado’s legal BAC is 0.08%. You could use this as a defence if you can show that you had BAC levels below 0.08% when driving. The results of more than one BAC can be graphed over time if there were multiple tests. The case can be dismissed if the tests were performed when the BAC was less than 0.08%.
Contact a DUI Defense Lawyer
DUI charges are not to be taken lightly. Consult an experienced DUI lawyer from a reputable DUI defense law firm in order to determine how to best defend yourself. Your lawyer may combine defences in order to build a solid defence.
If there is not enough evidence to support the defence, or when the other side has a strong argument, your lawyer may try to negotiate a deal where you plead guilty for a reduced charge, a lesser punishment, or diversionary programs. Plea bargaining gives you some control over the result of your case. If you believe you are innocent and you have evidence to back up your claim, then you can fight the charges.