OUR BLOG

Driving Under the Influence (DUI) is taken very seriously by the state here in Denver. Conviction carries severe penalties that can have a substantial negative impact on your life, including heavy fines, license suspension, mandatory alcohol education programs, and even jail time.

However, with the right defense strategy based on the specifics of your situation, it is possible to challenge DUI charges and potentially reduce or even have them ultimately dismissed. This blog will explore some of the effective DUI defense strategies that can be employed in Denver to protect your rights and minimize the consequences of a DUI charge.

Understanding the DUI Laws in Colorado

Before delving into defense strategies that may help you fight your charges, it’s essential to understand the DUI laws in Denver.

Colorado law defines DUI as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For those under 21, the BAC limit is even lower at 0.02% – essentially, if any alcohol is detected in an underage person, they can be charged. Something important to note is that our state has a “per se” law, meaning you can be charged with DUI solely based on your BAC level – regardless of your actual driving ability.

Denver DUI Defense: Common Strategies to Battle Your Charges

These are not the only possible defense strategies that you can use, nor will every one apply to your particular circumstances. They are merely meant as examples of some ways that DUI charges can be challenged.

Challenging the Traffic Stop

One of the most effective defenses against a DUI charge is to challenge the legality of the traffic stop.

The Fourth Amendment protects individuals from unreasonable searches and seizures. For a traffic stop to be legal, law enforcement must have reasonable suspicion that a crime or traffic violation has occurred. If it can be demonstrated that the officer lacked reasonable suspicion, any evidence obtained during the stop – including BAC results – may be inadmissible in court.

Questioning the Field Sobriety Tests

Police officers often use field sobriety tests (FSTs) to establish probable cause for a DUI arrest. However, these tests are highly subjective and can be influenced by various factors, such as road conditions, weather, and the individual’s physical or medical condition.

An experienced DUI attorney will know how to challenge the administration and accuracy of these tests, arguing that they were improperly conducted or that the results were inconclusive.

Scrutinizing the Breathalyzer Test

Breathalyzer tests are commonly used to measure BAC levels but are not infallible. Factors such as improper calibration, device malfunction, or operator error can lead to inaccurate readings. Additionally, certain medical conditions and substances can produce false positives.

A defense attorney can investigate the maintenance records of the breathalyzer device and the officer’s training to ensure proper procedures were followed. If discrepancies are found, the breathalyzer results may be challenged.

Rising Blood Alcohol Defense

The “rising blood alcohol” defense argues that a driver’s BAC was below the legal limit while they were driving but increased by the time the test was administered.

Essentially, the idea is that alcohol takes time to absorb into the bloodstream, so there can be a delay between drinking and reaching peak BAC levels. This defense is particularly relevant if there was a significant delay between the time of the traffic stop and the BAC test.

Challenging the Blood Test

Blood tests are generally considered more accurate than breathalyzer tests but have potential flaws. Issues such as improper storage, contamination, or incorrect labeling can compromise the integrity of the blood sample.

A skilled attorney will request the documentation related to the blood test and examine the chain of custody to identify any potential errors or mishandling.

Medical Conditions and Medications

Certain medical conditions and medications can mimic the symptoms of intoxication or affect the accuracy of BAC tests. For example, conditions like acid reflux, diabetes, or ketosis can result in elevated BAC readings.

Medications can also interact with alcohol, amplifying its effects or causing similar impairment symptoms. Presenting medical evidence can be a compelling defense strategy to explain and refute the prosecution’s claims.

Lack of Evidence

In some cases, the prosecution may not have sufficient evidence to prove beyond a reasonable doubt that the defendant was driving under the influence. This can occur if there is a lack of reliable witnesses, unclear video footage, or conflicting testimonies.

A defense attorney can highlight these weaknesses in the prosecution’s case to argue for a dismissal or reduction of charges.

The Best Defense Strategy against Denver DUI Charges Is to Work with a Skilled Lawyer

Navigating the complexities of DUI charges in Denver requires legal skills and a strong knowledge of local laws and procedures. Hiring an experienced DUI defense attorney is crucial to developing a robust defense strategy.

A good criminal lawyer with a track record of success handling these types of cases will understand how to thoroughly investigate the circumstances of the arrest, identify potential defenses, and negotiate with the prosecution to seek the best possible outcome.

Facing a DUI charge in Denver can be daunting, but it’s important to remember that being charged is not the same as being convicted. Numerous defense strategies are available to challenge the evidence and protect your rights.

By understanding the legal process and working with a knowledgeable attorney, you can effectively navigate the complexities of DUI defense and strive for a favorable resolution. If you find yourself facing a DUI charge, seek legal counsel immediately to ensure your rights are safeguarded and to build a strong defense against the allegations.

About the Author:

Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Countless legal organizations have recognized Mr. Martinez for his exemplary defense work, including Avvo, Best DWI Attorneys, Expertise, Lawyers of Distinction, The National Trial Lawyers, and others. He was also named one of the 10 Best in Client Satisfaction in Colorado by the American Institute of Criminal Law Attorneys and is Lead Counsel rated.