5 Ways You Can Fight DUI Charges in Colorado
If you have been arrested for driving under the influence in Colorado, it doesn’t mean that you will be convicted immediately. However, Colorado has strict DUI laws that can affect the outcome of your case. Fortunately, there are many defenses that you can use to fight these charges.
1. DUI breath test wasn’t done correctly
Before you can take a breath test, some procedures must be followed to ensure that the results are true. Therefore, when the laid-down procedures are not followed to the letter, you can argue that the results were inaccurate. Some of the common procedural errors in DUI breath tests include:
- Poor calibration of the Breathalyzer
- The law enforcement officer didn’t receive proper training on how to administer the breathalyzer test
- You didn’t get tested after driving for over 2 hours
- The officer conducted the test without observing you for 20 minutes
- The accurate results of the test were not preserved
2. Inconsistent blood test results
Even though breathalyzer test results are prone to human error, blood tests conducted in a lab can also give false-positive results. This is why Colorado DUI laws require that the lab save some of the DUI blood samples for a maximum of one year for independent testing.
If a certified independent lab analyzes the samples, and the results come up lower than what the police used, a Colorado court of law can give you the benefit of the doubt. This is why you should opt for a blood test over a DUI breath test.
3. DUI breath test was inaccurate
It’s not uncommon for breath tests to give false-positive results. Some of the reasons for a false positive breath test result can include health conditions, diet, and consuming substances like mouthwash, which contains alcohol. Additionally, there are external factors that can affect these results, like the temperature of the room.
4. No probable cause for you to be stopped
Before a police officer pulls you over and detains you for a DUI investigation, arrest, or for a chemical test, they need to have probable cause. This means that the officer should either be suspicious or believe that you’re breaking the law. Therefore, if the officer doesn’t have probable cause, they are not allowed to stop you or even build a case against you. If you’re in such a situation, the evidence they build up against you is inadmissible in a Colorado court of law.
5. The officer didn’t read you your Miranda rights
Before any arrest in Colorado, a law enforcement officer is legally required to read you your Miranda rights. This means that the officer conducting the interrogation during an arrest should read you your Miranda rights. Therefore, if they were not read to you, anything you say cannot be used as admissible evidence. However, you should note that anything you say before an arrest and before your Miranda rights are read to you can be used against you in court.
Get a DUI Attorney to Fight on Your Side
Colorado DUI cases are more complex than they appear. However, if you have been arrested and charged with a DUI, don’t despair. Experienced Denver DUI lawyers from the Law Offices of Steven J. Pisani, LLC know all the tricks prosecutors use. Call us today at 303-529-2242 for a free consultation to discuss how we can protect your rights and defend you from your Colorado DUI charges.