DUI cases are time and time again some of the most challenging that our clients have to endure, due to the potential they carry for wide-ranging consequences. The first step we recommend to any of our clients is to try and remain calm. It can be a very overwhelming process, and you may be filled with worry and uncertainty, but the best thing you can do is get all the facts before deciding how to proceed. At Deere Law, we’re happy to sit down with you and go over your options as seen through the lens of a highly trained defense attorney.
Defining a DUI/DWAI in Colorado
In Colorado, a DUI (driving under the influence) is defined by the law as an incidence where the driver is found to have a .08% or higher blood alcohol content (BAC) while operating a motor vehicle. A DWAI (driving while ability impaired), on the other hand, only requires you to have a BAC of .05% or higher. If the driver is under the legal drinking age of 21, this number lowers even further to .02%.
You can technically be charged with two separate crimes in these cases: driving while impaired and public intoxication. Knowing all of your options and how to interpret them is crucial when it comes to winning your case and minimizing any potential negative outcomes.
Possible Defenses in a DUI Case
There are several potential defense avenues to explore in DUI cases. At Deere Law, we are well-versed in all of them, having helped thousands of our clients navigate these situations in the past. Put simply, we know what flies in court and, more importantly, what doesn't. We use this information to help you craft the sharpest defense possible. Here are a few possible defense arguments that we may be able to use in your cases, depending upon the specific situation.
Failure to Read Miranda Rights
If an officer who suspects you of a DUI arrests you without informing you of your rights, we need to know about it. In these cases, anything done before the arrest could potentially be inadmissible in court.
Improper Blood Alcohol Tests
Tests such as breathalyzers and other chemical assessments given to vehicle operators on the side of the road are notoriously inaccurate. We will help you determine how accurate your test was, as well as whether law enforcement followed all of the proper procedures when it was administered.
Field Sobriety Inaccuracies
There are a wide variety of factors that can cause disruptions and inaccuracies in a field sobriety test. An officer needs to watch your balance, posture, breathing, and motor skills during the test, but slippery surfaces, poor lighting, nerves, and other factors can lead to false positives quite easily. We help you determine whether this was the case in your specific charge.
If you’ve been charged with a criminal offense involving a DUI, don’t leave anything up to chance. Reach out to the experts at Deere Law, and let us guide you through the entire process. You are never alone.