Can You Fight a DUI Arrest? Defense Options for Colorado Drivers

Being arrested for driving under the influence (DUI) in Colorado is a serious charge, carrying severe penalties that can impact your personal and professional life. From hefty fines and license suspension to possible jail time, the consequences are daunting. However, being arrested for a DUI does not automatically mean you will be convicted. Colorado law provides a range of defenses that skilled DUI attorneys can use to challenge the prosecution’s case and potentially reduce or dismiss the charges. Understanding your defense options can make a crucial difference in the outcome of your case.

In this post, we will explore several effective defense strategies for DUI arrests in Colorado and discuss how drivers can protect their rights and future.

Understanding DUI Laws in Colorado

Before delving into defense strategies, it’s essential to have a clear understanding of Colorado’s DUI laws. In Colorado, it is illegal to operate a vehicle if:

• Your blood alcohol content (BAC) is 0.08% or higher, which constitutes a DUI.
• Your BAC is between 0.05% and 0.08%, which can result in a lesser charge of Driving While Ability Impaired (DWAI).
• You are under the influence of drugs, either alone or in combination with alcohol.

If you are stopped by law enforcement and suspected of driving under the influence, the officer may request you to undergo field sobriety tests, chemical tests such as a breathalyzer, or a blood test to measure your BAC. Refusing these tests can result in immediate penalties, including an automatic license suspension. However, the results of these tests are not always reliable, and there are several defenses that can challenge the evidence against you.

DUI Defense Options for Colorado Drivers

1. Challenging the Traffic Stop

A DUI arrest often begins with a traffic stop. To legally stop your vehicle, the police must have reasonable suspicion that you have violated a traffic law or are otherwise engaged in criminal activity. If the officer lacked a valid reason to pull you over, the stop may be considered unlawful. Your defense attorney can argue that the evidence obtained from an illegal stop should be suppressed, which may lead to the dismissal of the case.

Common scenarios where traffic stops might be challenged include:

• The officer had no clear justification for stopping your vehicle.
• You were stopped based on an anonymous tip without corroboration.
• The stop was a result of profiling or bias.

By proving that the stop itself was unlawful, your lawyer can weaken the foundation of the prosecution’s case.

1. Improper Field Sobriety Testing

Field sobriety tests are subjective assessments used by officers to determine whether a driver is impaired. These tests include activities like walking in a straight line, standing on one leg, and following an object with your eyes. However, these tests are far from foolproof and are often administered under less-than-ideal conditions, such as on uneven surfaces, in poor weather, or while a driver is nervous or exhausted.

Your attorney can challenge the results of field sobriety tests by highlighting:

• Inconsistencies in how the tests were administered.
• Environmental factors that could have affected your performance.
• The officer’s subjective judgment in scoring the test.

Field sobriety tests are not scientifically reliable and are vulnerable to challenge in court.

1. Challenging the Breathalyzer Results

Breathalyzer devices are commonly used to measure a driver’s BAC, but these devices can sometimes yield inaccurate results due to a range of factors, including improper calibration or user error. Colorado requires that breathalyzers be regularly maintained and calibrated according to strict standards. If these protocols are not followed, the results of the test can be unreliable.

Some potential defenses regarding breathalyzer tests include:

• The device was not properly calibrated.
• The officer was not adequately trained to use the device.
• External factors such as mouth alcohol, acid reflux, or certain medications skewed the results.
• The test was administered too long after the time of driving to accurately reflect your BAC at the time of the stop.

An experienced attorney will investigate whether the breathalyzer results were obtained in compliance with state regulations and explore whether the test results can be dismissed as evidence.

1. Challenging Blood Test Results

Blood tests are considered more accurate than breath tests, but they are not immune to challenges. Mistakes can occur in how blood samples are collected, stored, and analyzed. For example, improper handling of a blood sample can result in contamination or fermentation, leading to elevated BAC levels.

Defenses against blood test results may include:

• The blood sample was mishandled, leading to contamination.
• The lab failed to follow proper procedures when testing the sample.
• There was a delay in testing, allowing fermentation to increase the BAC level.
• Chain of custody issues, where the handling and transport of the sample are not properly documented.

By raising questions about the accuracy and handling of blood test results, your attorney can cast doubt on the reliability of the evidence against you.

1. Rising Blood Alcohol Defense

The rising blood alcohol defense asserts that your BAC was below the legal limit at the time you were driving, but rose to an illegal level by the time the test was conducted. Alcohol takes time to absorb into your bloodstream, and if there was a significant delay between when you were pulled over and when you were tested, it is possible that your BAC rose in the interim.

This defense is particularly useful if you consumed alcohol shortly before driving, as the alcohol may not have fully entered your bloodstream while you were behind the wheel. Your lawyer can argue that, at the time of driving, your BAC was below the legal limit.

1. Medical Conditions and Medications

Certain medical conditions and medications can mimic signs of intoxication or affect the accuracy of chemical tests. For instance:

• Conditions like diabetes or hypoglycemia can cause symptoms such as slurred speech or unsteadiness, which may be mistaken for intoxication.
• GERD (Gastroesophageal Reflux Disease) or acid reflux can cause alcohol to be present in the mouth, leading to falsely high BAC readings on a breathalyzer.
• Medications can also interact with alcohol or impair your ability to perform field sobriety tests.

By demonstrating that a medical condition or prescribed medication contributed to the appearance of intoxication, your lawyer can challenge the DUI charge.

1. Violation of Your Rights

In any criminal case, including DUIs, law enforcement must respect your constitutional rights. Violations of these rights can form the basis for a strong defense. Some examples include:

• Failure to read your Miranda rights before questioning.
• Illegal search and seizure of your vehicle.
• Coercive tactics to force you to submit to testing.

If your rights were violated during the DUI arrest process, your attorney may move to have key evidence excluded, potentially leading to the dismissal of the charges.

Conclusion

A DUI arrest in Colorado can be overwhelming, but it’s important to remember that you have legal options. Skilled DUI attorneys can analyze the details of your case, uncover weaknesses in the prosecution’s evidence, and build a robust defense strategy. From challenging the legality of the traffic stop to disputing chemical test results, there are several avenues for fighting a DUI charge and protecting your future.

If you’ve been arrested for a DUI, don’t assume the worst. Reach out to a qualified DUI defense lawyer in Colorado to explore your defense options and ensure that your rights are fully protected.