Being arrested for DUI (driving under the influence) can bring complex legal and personal challenges. A conviction in Denver often results in fines, license suspension, increased insurance costs, and sometimes jail time. However, receiving a DUI charge doesn’t mean the case against you is untouchable. There are ways to challenge the arrest, and with the help of a skilled DUI defense attorney from the Law Office of Richard B. Huttner, you can explore strategies to fight the charges.
DUI Laws in Denver, Colorado
Colorado has strict DUI laws, with the legal blood alcohol concentration (BAC) limit set at 0.08% for most drivers, 0.04% for commercial drivers, and a zero-tolerance policy for drivers under 21 (a BAC of 0.02% or higher can lead to penalties). Additionally, the state addresses driving under the influence of drugs, such as marijuana or prescription medications, which can also result in serious consequences.
Law enforcement officers utilize field sobriety tests, breathalyzer equipment, and observations to determine impairment. These methods are not without flaws, and many people are surprised to learn that DUI cases can have numerous points of contention.
Key Areas to Challenge in a DUI Case
A strong defense starts with analyzing every detail of your arrest. Many layers of the case can be questioned, including the following.
Flawed Field Sobriety Tests
Field sobriety tests are often used as evidence but are far from foolproof. Factors such as uneven road conditions, poor lighting, weather, or medical conditions can lead to inaccurate results. If the testing officer failed to execute these assessments properly, your attorney could challenge their validity.
Problems with Test Equipment and Results
Breathalyzer devices require consistent calibration and maintenance to work correctly. If they’ve been improperly stored, misused, or damaged, their accuracy can be affected. Blood samples can also present issues, such as contamination or improper documentation of who handled the sample at each step of the process.
Lack of Probable Cause
Police officers must have a lawful reason to stop your vehicle. If the officer didn’t observe a traffic violation or have other valid grounds for the stop, your defense attorney could argue that the initial stop itself was unlawful.
Procedural Errors During the Arrest
From failing to read you your rights to improper handling during the arrest process, mistakes made by law enforcement can weaken their case. A DUI attorney can identify where these errors occurred and argue for the suppression of evidence or even dismissal of the charges.
Defense Strategies to Fight DUI Charges
A skilled attorney will know how to investigate and highlight inconsistencies in the prosecution’s case. Defense strategies often include the following.
Disputing the Test Results
Breathalyzer and blood tests are not infallible. If equipment was not properly calibrated, or if errors occurred when collecting and processing your samples, your lawyer can challenge their accuracy.
Examining Conduct by Law Enforcement
An attorney can review the traffic stop itself along with the arrest procedure to determine whether the officers acted appropriately. If they violated your rights or failed to follow proper protocols, this could be a key point in your defense.
Offering Alternative Explanations
Certain medical conditions, such as diabetes or acid reflux, can produce results that mimic intoxication on a breathalyzer test. An experienced defense attorney can present evidence, including testimony from medical experts, to demonstrate that these factors played a role.
Why Hire a Seasoned DUI Defense Attorney?
After a DUI arrest in Denver, there are key deadlines that require your attention. For instance, you only have seven days to request a DMV hearing to contest the automatic suspension of your driver’s license. If you miss this opportunity, the suspension will take effect, adding another obstacle to dealing with your case. Acting promptly allows your attorney to gather evidence, handle procedural deadlines, and keep the case moving in the right direction.
The outcome of a DUI case often hinges on having the right legal approach. The Law Office of Richard B. Huttner brings dedicated experience in defending clients against DUI charges in Denver. Here’s how he provides support:
- Comprehensive Knowledge of DUI Law in Colorado: Richard B. Huttner is well-versed in the intricacies of Colorado DUI laws and the way local courts handle these cases. His insights enable a tailored defense for each client.
- Attention to Evidence and Case Details: Mr. Huttner thoroughly investigates every angle of your case, identifying weaknesses in the prosecution’s evidence and uncovering potential opportunities to challenge the charges.
- Negotiation and Trial Representation: Whether working toward a plea deal to lessen penalties or representing you in court, his goal is to achieve outcomes that minimize the impact on your life.
Contact the Law Office of Richard B. Huttner Today
If you’ve been arrested for a DUI in Denver, quick action can set the stage for a stronger defense. Richard B. Huttner has years of experience challenging DUI charges and guiding clients through the legal process.
Contact the Law Office of Richard B. Huttner to schedule a consultation. Standing up for your rights starts with the right legal guidance.
