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In Arapahoe County court, Denver DUI attorney Jacob E. Martinez successfully negotiated a resolution in which his client, who had originally been charged with DUI, was able to avoid an alcohol-related conviction, even though her BAC was above the legal limit.  After carefully analyzing the police contact in the case, Mr. Martinez discovered that there was a distinct possibility that his client had been subjected to an unlawful Fourth Amendment search and seizure.

The Fourth Amendment to the United States Constitution guarantees all people to be free from unreasonable governmental searches and seizures.  In the context of DUIs, that means that police cannot initiate an investigatory stop without reasonable suspicion, and cannot arrest an individual without probable cause.  In this case, there was a legitimate question as to whether the client had been illegally stopped and arrested.

As a result, Mr. Martinez successfully persuaded the prosecutor to allow the client to resolve the case through a deferred judgment and sentence.  This outcome allows the defendant to avoid a criminal conviction, so long as they comply with a period of probation.  Further, such an outcome avoids the sentencing considerations and driver’s license consequences that accompany such a conviction.

Here, the client was pleased to enter into such a disposition, and now looks forward to a future without a troublesome DUI or DWAI conviction.