Get An Acquittal: Possible Defenses a Colorado DUI lawyer Can Use During Your Court Case
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 attorney who can come up with a strong defense. Skilled attorneys can come up with a feasible defense tactic that can possibly get you acquitted of the charges. 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. Remember that these tests are completely subjective, which is why you should always refuse to take them. They are just an opportunity for the officer to observe you more and if they want to arrest you they will, regardless of the test ‘results.’ 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 fight the results of a blood alcohol test. 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.
There are many reasons why your BAC reading may register as being over the legal limit during a breathalyzer test that a lawyer can argue. 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. This type of defense has become so popular that officers are encouraged to watch suspects for about 20 minutes before a breathalyzer test is given. If the suspect belches, they may delay the test to help improve the accuracy. 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 attorney.
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