Ways to Beat a Colorado Drunk Driving Case
If you have been issued a ticket for Driving under the influence (DUI) or Driving While Ability Impaired (DWAI), you need to educate yourself on the possible ways to beat a Colorado DUI charge in court. Every case is different, and depending on the facts of your case, there may be a way to beat your case entirely.
For example, the police must have a valid reason to stop you. This could be for any sort of traffic infraction or other criminal activity. If they don’t have a valid reason for the stop, they can possibly lose all evidence obtained from this illegal stop. Police are not allowed to just stop any car driving down the road. They must have reasonable suspicion to pull you over, or to contact you in the first place.
In some instances it is possible to have a chemical test thrown out for legal reasons. Then the district attorney is left with no test results to use against you and and he will have a major evidentiary issue with his case. Breathalyzer tests have a strict set of operation rules, and the results of the test may be held to be invalid if the procedures are not followed correctly. Additionally, the Breathalyzer must be maintained and operated correctly to obtain reliable results.
The chemical test of your blood also must follow the proper procedures and protocol to be a legally valid test. If you take a blood test, you should always retest the second sample. Sometimes the retest will come back with a lower BAC result that may improve your case. In some instances it may even come back under the legal limit.
Jurisdiction is a fancy word that means the geographic area a certain police officer is allowed to patrol and conduct police activities. You will want to double check that the officer who gave you a ticket had jurisdiction to do so. If not, you can beat your DUI.
In many instances, there are certain hearings like the DMV or other court hearings, where police officers need to be physically present to provide testimony in your case. In many cases, no officer means no DUI. Yes, it may seem like a strange technicality, but this strategy may be the right one in your case.
Now, how do you exploit these strategies? Hire a good, local DUI attorney. You are looking for someone who knows everything there is to know about these cases. You also want to hire someone who practices exclusively in the geographical area where you got your ticket. A local attorney knows the judges, prosecutors, juries, and, most importantly, the little tricks specific to that city to get you the best result possible.
Do not hire an attorney who is making promises or guarantees, as tempting as it may be. An attorney who has not yet seen the police reports or chemical tests, or even spoken with the prosecuting attorney has no way of knowing what will happen in your case. That person is just trying to get your money by telling you what you want to hear.
And finally, if you can’t afford to hire a lawyer, apply for the representation of the public defender. Don’t try and represent yourself, as you will have a fool for a client.
Have you been accused of a crime? Many people who have been charged with a crime are left pondering what they should do, and what is going to happen to them. You may be concerned about how these charges will affect your life, your career, and your freedom. You need a skilled Colorado Springs lawyer who will fight for you rights and your freedom. Before you hire a Colorado Springs DUI lawyer do your research.