3 Defenses That Can Help You Beat A Colorado DUI Charge
If you’ve been arrested on suspicion of DUI in Colorado, it doesn’t automatically mean that you will also be convicted of a DUI. Since Colorado has some of the most intricate DUI laws in the country, there are many different rules that can affect the outcome of your case. There are also many defenses available to those who have been arrested on suspicion of a DUI. Here, we’ve listed 3 defenses that can help you beat a Colorado DUI charge.
Defense #1: Your Colorado DUI breath test was inaccurate
Breath tests are renown for giving false positive results for a number of reasons. A false result can be caused by many factors including your diet, health conditions, and whether or not you have consumed other substances that contain alcohol (like mouthwash). External factors like the temperature of the room can also cause a false positive.
Defense #2: Your Colorado DUI breath testing procedures weren’t correctly followed
There are strict procedures surrounding DUI breath tests to ensure that the results are accurate. If these procedures are not properly followed then it can be argued that the reading of the breath test is false.
Procedural errors associated with a DUI breath test may include:
- The breathalyzer not being properly calibrated
- The officer administering the test was not properly trained on how to administer the test
- The operator did not observe you for 20 minutes before conducting the test
- You were not tested within 2hrs of driving
- Accurate records of the result were not kept
Defense #3: There was no probable cause for your traffic stop
Before you can be pulled over and detained for a DUI investigation, arrested for a DUI, DWAI, or UDD, or even required to take any evidentiary chemical test (like the breathalyzer test, for example), a law enforcement officer must have probable cause for pulling you over in the first place.
Probable cause means that an officer has reasonable suspicion or belief that you are engaged in criminal activity. Without first having probable cause, an officer is not legally allowed to build a case against you.
If an officer can be proven to have pulled you over without probable cause, then the evidence they obtain after pulling you over can be thrown out of court.
Defense #4: You were not advised of your Miranda rights
Miranda rights play an important role in the process included in an arrest. If you have been arrested, and the officer is conducting a custodial interrogation, then they must read you your Miranda rights. If you have not had your Miranda rights read to you, then anything you do say needs to be excluded from evidence. It’s important to keep in mind, however, that anything you say prior to your arrest—and therefor prior to your Miranda rights being read to you—can and likely will be used against you in a court of law.
If you have been arrested on suspicion of a DUI, it is important to consider your best means of defense. While we have outlined some common defense arguments here, it is always best to consult with an experienced DUI lawyer to explore your most effective defense options.