DUI - What are the possible defenses to a DUI case?

There are many defenses to a DUI under Colorado law. These defenses listed below are uniquely applicable to the facts of every case. An experienced Colorado Springs DUI Defense Lawyer can spot these flaws in the State's case against you and use them to your advantage to suppress crucial evidence against you or even obtain a dismissal.

1. Unlawful Stop: The Police did not have a reasonable and articulable reason to stop you. This means that an officer must have a "reasonable suspicion" under the totality of the circumstances that criminal activity was occurring to be able to validly make a traffic stop.

2. Unlawful Arrest: The Police must have probable cause to arrest you without a warrant. If an arrest is deemed unlawful, evidence obtained as a result of that unlawful arrest may be suppressed.

3. "Under the Influence": The State must show beyond a reasonable doubt that you were under the influence (DUI) or that you were impaired (DWAI) while driving your vehicle. In many cases police officers are not properly trained, or make mistakes in administering field sobriety and/or chemical tests that can result in discrediting or invalidating these results.

4. Blood Alcohol results: The prosecution carries the burden in proving that you were under the influence or driving while intoxicated. One of the ways this is shown by the State is through a Blood Alcohol Content test also known as a "B.A.C.". There are numerous problems that can arise with the testing procedures and the machines themselves that can cast a doubt on the validity of the B.A.C. results.

5. "Driving": Under Colorado Law, the Prosecution must prove beyond a reasonable doubt that you were "driving" while under the influence or while your ability was impaired. They must show that you had actual physical control of the vehicle. This is an essential element to prove one is guilty of a drunk driving offense.

6. Identity: The State must prove that it was you behind the wheel.

7. Miranda: When a person is interrogated while under arrest, the Police must give Miranda warnings to the arrestee. If a proper Miranda advisement is not given, statements made by the arrestee may be suppressed.

8. Every case presents a unique set of facts and can present additional defenses that an experienced DUI Attorney can spot and exploit to your advantage. The list above is not an exhaustive list, but details common defenses to a DUI charge.

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