Get An Acquittal: Possible Defenses a Colorado DUI attorney Can Use During Your Court Case

In Identity Theft of CreditGuru (February 28, 2010 2:04 pm)

Regardless of your circumstances or whether you believe you are innocent, the first thing you must do if you are arrested for driving under the influence (DUI) is call a lawyer. If you should be convicted of a DUI, it comes with some very stiff penalties. When you want to avoid these penalties and other life-changing implications, you should have a Colorado DUI lawyer who can come up with a strong defense. Experienced lawyers make a living helping individuals get charges reduced or dropped. Bear in mind that judges/officers have heard every single excuse that can be made up; none of this is going to stand up in a court of law. Thus, having an experienced attorney on your side is really the only way that you will be able to beat your DUI charge.

DUI lawyers have a number of possible ways they can argue your case. One thing most will do is bring in to question the accuracy and credibility of the evidence the arresting officer has brought to court. The evidence will consist of all the things that occurred before you were pulled over (the probable cause aspect of the arrest). This can include things like weaving, not staying in your lane, running red lights, and so on. The officer, once you have been pulled over, will conduct a field sobriety test, which will also be admissible in court. This test often consists of things like saying your ABCs backwards, standing with one leg extended and walking a straight line. Keep in mind that this test is subjective and you should not do them. However, if you’ve submitted to the officer’s wishes, your DUI attorney should have no problem fighting the evidence in court. There are procedures that must be followed when administering this test and if they’re not, the findings can be thrown out of court.

A highly competent Denver DUI attorney can also fight the results of chemical tests involving blood alcohol content. Again, these tests are used to gauge a person’s intoxication level. No matter where you live in the United States, you must not have a BAC level of 0.08 percent or higher, that is if you want to avoid being arrested for DUI (that is not to say it is safe to drive with a BAC below 0.08% - it is not. Drinking and driving should be avoided at all costs. Always). Attorneys can argue the test’s validity by questioning the equipment that was used and the time the test was taken to when you were pulled over. Both of these arguments can influence the results. A lot of DUI cases are thrown out because the device used hasn’t been calibrated correctly.

On top of that, your lawyers can argue that the breath and blood exam findings were wrong for a variety of other reasons. One is called the “belch defense”. The reasoning behind this defense is that burping before a test is given raises the amount of alcohol discovered on the person’s breath. Due to the popularity of this defense, officers must watch a DUI suspect for about 20 minutes before giving them the test. It’s also been discovered that some medical conditions can increase how much alcohol is on a person’s breath.

Finally, lawyers can attack the manner in which evidence was collected. If the police cannot prove probably cause, any evidence collected will not be admissable in court.

Make sure you consult with a criminal defense attorney who has experience with DUI cases. Police officers have tons of rules they need to follow including when they can stop someone for suspicion of a DUI. Make sure to keep your mouth shut, as what you do and say can affect the outcome of your case and the kinds of defense strategies your legal representation can use. If there was a crash involved, you may also consider speaking with a Denver car accident lawyer.

If you enjoyed this post, make sure you subscribe to my RSS feed!

No Comments »

No comments yet.

RSS feed for comments on this post. TrackBack URI

Leave a comment