In Colorado, DUI laws prohibit individuals from operating a motor vehicle while under the influence of alcohol or drugs. The legal blood alcohol concentration (BAC) limit for drivers aged 21 and older is 0.08%. However, for drivers under 21, any detectable amount of alcohol in their system constitutes a DUI offense. In addition, Colorado has a lower BAC limit of 0.05% for Driving While Ability Impaired (DWAI) charges.
The good news is that getting DUI charges dropped in Colorado is a possibility when you have experienced and resourceful legal counsel for DUI cases in Denver.
Defenses and Legal Strategies for Colorado DUI Dismissal
Seasoned defense attorneys employ defense tactics and legal maneuvers to fight DUI charges in court can lead to dismissal.
Challenging the Traffic Stop
If a law enforcement officer lacked reasonable suspicion or probable cause to pull you over, any evidence obtained thereafter may be deemed inadmissible in court. Attorneys can scrutinize the circumstances leading to the traffic stop and file motions to suppress evidence if the stop was unlawful.
Questioning Field Sobriety Tests
Field sobriety tests, such as the walk-and-turn or one-leg stand, are subjective and prone to errors. Attorneys can challenge the administration and interpretation of these tests, highlighting factors like poor weather conditions, physical disabilities, or improper instructions that could affect performance.
Casting Doubt on Breathalyzer Results
Breathalyzer devices must be properly calibrated and maintained to produce accurate results. Attorneys can investigate whether the device was calibrated correctly and challenge the reliability of the test results.
Fighting Blood Testing Procedures
Blood tests must adhere to strict protocols to ensure accuracy. Any deviation from these protocols, such as improper handling or contamination of the sample, can make the results inadmissible.
Rising Blood Alcohol Defense
Your BAC may have been below the legal limit while driving but rose above the limit by the time of testing. This defense can be effective in cases where there is a significant delay between the arrest and the administration of the chemical test.
Medical Conditions
Certain medical conditions, such as acid reflux or diabetes, can affect breathalyzer results or mimic signs of intoxication. Attorneys can present evidence to demonstrate that a medical condition, rather than alcohol consumption, led to the observed behavior.
Violation of Rights
If law enforcement violated your constitutional rights during the arrest or investigation, such as conducting an unlawful search or seizure, your attorney can file motions to suppress evidence obtained as a result of the violation.
Lack of Probable Cause for Arrest
If there was insufficient probable cause for your arrest, your attorney can argue that the arrest was unlawful, leading to the dismissal of charges.
Plea Bargaining Strategy
In some cases, plea bargaining with the prosecution can lead to reduced charges or lighter penalties. Your attorney can explore plea bargain options to achieve the most favorable outcome possible.
Pretrial Motions and Hearings
Your attorney can file pretrial motions to suppress evidence obtained unlawfully or through procedural errors. These motions aim to exclude incriminating evidence from being presented at trial.
If significant legal deficiencies exist in the prosecution’s case, your attorney can file a motion to dismiss the charges altogether.
Trial Strategies
During the trial, your attorney can cross-examine prosecution witnesses to challenge their credibility and undermine the strength of their testimony. Your DUI attorneys can present evidence and witnesses in your defense to rebut the prosecution’s case and establish reasonable doubt.
Steps Involved in the DUI Dismissal Process in Colorado
During the Colorado DUI dismissal process, your criminal defense attorney will advocate for your rights and interests, striving to achieve the best possible outcome. Steps involved may include:
- Initial Consultation
- Case Review and Investigation
- Legal Strategy Development
- Pretrial Motions
- Negotiation with Prosecution
- Court Hearings
- Trial Preparation
- Trial Presentation
- Verdict
- Post-Trial Options
Common Misconceptions About Getting DUI Charges Dropped in Colorado
- Automatic Dismissal: There’s no automatic dismissal for DUI charges; dismissal requires legal intervention.
- Inevitable Outcome: Many assume a DUI charge leads to a conviction, but effective defense strategies can lead to dismissal.
- Lack of Evidence: Don’t assume a lack of evidence automatically results in dismissal; evidence must be challenged in court.
- No Legal Representation Needed: Don’t believe that navigating DUI charges alone will lead to dismissal; skilled legal representation is crucial.
- First-Time Offense: Don’t assume first-time offenders can’t get charges dismissed; legal avenues exist regardless of prior history.
- Quick Resolution: You shouldn’t expect a quick resolution to DUI charges; legal processes can be complex and time-consuming.
- Disregarding Legal Technicalities: Don’t assume legal technicalities or procedural errors will lead to dismissal.
- Personal Opinions on Guilt: Personal opinions on guilt or innocence don’t dictate case outcome; legal standards apply in court.
- No Options After Arrest: Legal options exist to challenge charges at every stage of the process.
Exploring Alternative Options to Dismissal of DUI Charges in Colorado
- Plea Bargain: Negotiate with the prosecution for reduced charges or penalties.
- Deferred Judgment: Agree to conditions in exchange for dismissal if conditions are met.
- Diversion Programs: Complete alcohol education or treatment programs for dismissal.
- Pretrial Diversion: Avoid trial by completing certain requirements set by the court.
- Alcohol Treatment: Enroll in voluntary treatment programs to mitigate charges.
- Community Service: Perform community service in lieu of or alongside penalties.
- Ignition Interlock Device: Install a device in your vehicle to regain driving privileges.
- Probation: Serve a probationary period with conditions to avoid conviction.
- Restitution: Compensate victims for damages or losses to resolve charges.
- Alternative Sentencing: Explore creative sentencing options personalized to individual circumstances.
Get an Experienced DUI Lawyer in Colorado On Your Side
When facing a DUI arrest or DUI conviction, you deserve legal representation from a trusted and highly skilled attorney with a proven track record of success. Richard B. Huttner is recognized as one of the top trial lawyers by the National Trial Lawyers Association. His Avvo 10.0 Superb and Lead Counsel rating further attests to his commitment to his clients’ best interests.
As a founding member of the National College of DUI Defense and AV® rated by Martindale-Hubbell®, Richard B. Huttner brings exceptional skill and insight to your case. To schedule a consultation, call the Law Office of Richard B. Huttner today at 303-997-1928 or contact us online.
