Best Ways to Challenge DUI Evidence in Colorado

Several ways can help challenge DUI evidence in Colorado. First, you can check if the police had a good reason to stop you. Look at how the field sobriety tests were done. Make sure the breathalyzer was working right by checking its records. Also, see if the officer had the right training. If there was a long time between your arrest and the test, this can be important. Video footage might show if something was done wrong. Some health problems can make you seem drunk even if you’re not. Knowing these things can help your case a lot.

Questioning the Initial Traffic Stop

Police need a probable cause to stop a car, like if they see bad driving or a broken tail light. This rule follows the Fourth Amendment, which protects people from unfair searches.

If a traffic stop is not done right, any evidence found might not be used in court.

A DUI defense attorney checks police reports, video footage, and what witnesses say to see if the police had a good reason to stop the car.

If the stop was based on guesses or unfair treatment, the evidence might be thrown out.

Important things to look at include if the officer followed rules, watched the car the whole time before stopping it, and wrote down exactly why they stopped the car.

Challenging Standardized Field Sobriety Test Administration

When the police stop someone for suspected drunk driving, they might use tests to see if the person is drunk. A DUI attorney can question these tests if they think something was done wrong.

A DUI attorney checks if officers followed the National Highway Traffic Safety Administration rules. Things like back pain, ear problems, or being overweight can make tests unfair. Shoes, weather, and road conditions matter too. Officers must show they have the right training and have done the tests at the right times.

Disputing Breathalyzer Calibration Records

Breathalyzer machines need to be checked and kept in good working order to make sure they give accurate readings. Police must keep careful records showing regular checks, calibration, and maintenance of these machines. These records must follow what the maker of the machine says and what the state rules require.

A Colorado DUI defense team can argue against DUI charges by looking at these records closely. They look for missing information, mistakes, or if the rules were not followed. Important things to check are when the machine was last checked, what solutions were used for testing, if the person using it is certified, and temperature records.

If some records are missing or wrong, it can make the breathalyzer’s results questionable.

In Colorado, the courts say machines have to meet strict standards. If records show a machine was not taken care of or checked on time, the blood alcohol content test results might not be used in court. If a DUI defense attorney successfully challenges these records, it can lead to lesser charges or even cases being dropped.

Examining Officer Training and Certification

Police officers who give DUI tests must have the right certifications and complete special training. This helps them do field sobriety and chemical tests correctly.

Defense attorneys can check the officer’s qualifications by asking for documents that show the officer’s training history, when they got their certifications, and any extra courses they took.

Important things to look at include whether the officer has a National Highway Traffic Safety Administration (NHTSA) certification for doing standard field sobriety tests, special training for using breath alcohol test machines, and proof they are good at doing roadside checks.

If the officer’s certification has expired, if they didn’t finish their training hours, or if they didn’t keep up with their needed credentials, it can affect whether the DUI evidence is allowed in court.

Also, looking at the officer’s past testing history can show any mistakes or wrong procedures, which might question how reliable their evidence is.

Medical Conditions That May Affect Test Results

Some health problems can mess up DUI test results. This can lead to wrong readings or misunderstandings about whether someone is drunk. Knowing about these health issues can help someone defend against DUI charges.

1. Diabetes and Low Blood Sugar (Hypoglycemia): People with these conditions might have ketones in their breath. Some breath tests might think these are alcohol. They can also make a person feel dizzy or have slurred speech, which might seem like being drunk.
2. Brain and Nerve Issues: Conditions like multiple sclerosis, cerebral palsy, or problems with the inner ear can make it hard to balance. During tests where balance is checked, these issues might look like signs of being drunk.
3. Breathing Problems: If someone has asthma, COPD, or acid reflux, alcohol can get trapped in the mouth or airways. This might make a breath test show more alcohol than is really in the blood.

Understanding these medical conditions is important for a fair defense.

Weather and Road Conditions During Testing

Weather and road conditions can make DUI tests less accurate. Rain, snow, and strong winds can make it hard for a person to keep their balance.

Wet or uneven roads and dark places can cause problems even if someone hasn’t been drinking.

Very cold weather can make people shiver, and very hot weather can make them tired and confused.

Roads that go uphill, have loose gravel, or are under construction add more challenges.

Passing cars, bright lights, and loud noises can also be distracting.

Police officers should write down these conditions carefully. These details can help argue that the test results might not be correct.

Chain of Custody for Blood Samples

Blood samples need careful tracking and handling from the time they are taken until they are tested in the lab.

If the chain of custody is broken, the blood test results might not be valid. This is very important when dealing with DUI cases. The right steps must show that the samples were always watched over and kept safe.

Things that can mess up the chain of custody include:

1. No records of who handled, moved, or tested the blood sample at any time
2. Missing temperature records showing the sample was kept in the right conditions
3. Not having complete records of when and where the sample was moved between locations

Lawyers look at these records closely because mistakes in the chain of custody can lead to the blood test evidence being thrown out of court.

Miranda Rights Violations

When police forget to tell someone their rights during a DUI arrest, it can help the person argue that what they said should not be used in court. If the police didn’t follow the rules, the judge might not allow what the person said to be used against them.

Important Times Police Might Mess Up:

1. When They Stop You: If they ask questions without telling you your rights first, things you say might not be allowed in court.
2. During Field Tests: If they make you say things that make you look guilty, these words might not be used.
3. After Arrest: If they don’t tell you your rights right away, things you say after might not count in court.

A DUI attorney looks at when and how the police talked to you to see if they made a mistake. Police must tell you your rights before asking questions when you’re not free to leave. If they don’t, what you say might not be used against you.

Improper Police Documentation

Police reports are very important in DUI cases. They are used as evidence, so any mistakes can help the defense. Police officers need to write down everything carefully when they stop someone for DUI. They must note what they see, what they do, and what the person says. If the paperwork is not done right, lawyers can argue that the evidence is not trustworthy.

Some common problems with police reports include:

1. Missing details about field sobriety tests, like signs of being drunk, and the weather conditions during the test.
2. Problems with the chain of custody for blood or breath tests can make the evidence questionable.
3. Differences between what the officer writes and what is on the body camera video can make people doubt the officer’s memory and honesty.

If these problems are pointed out in court, the evidence might not be allowed, or the case could be dropped.

Alternative Explanations for Physical Symptoms

Physical symptoms that might seem like someone is drunk can have other causes. For example, red eyes can be due to allergies, being tired, or wearing contact lenses.

If someone is talking funny, it could be because of health problems or being really tired. If they are wobbly, it might be because of ear problems, brain issues, or injuries.

Things people do that look suspicious might have simple reasons. If someone is clumsy with their papers, they might just be nervous around the police.

The smell of alcohol could come from drinks without alcohol or mouthwash. Not doing well on police tests could be because of health issues, age, weight, or even the weather.

Knowing these other reasons helps argue against what the police think they see.

Testing Equipment Maintenance Records

Equipment maintenance records are important for checking if DUI testing machines work correctly. Police need to keep detailed records about how they fix and check machines like breathalyzers. Lawyers can look at these records to find problems that might make test results wrong.

1. Records should show regular checks to make sure the machines work right, usually every 31 days for breathalyzers.
2. The documents need to have dates when machines were checked, who checked them, and what fixes or checks were done.
3. If there are missing records, expired check dates, or wrong ways of checking, lawyers can question whether the test results are right.

These records help make sure testing machines are working and measuring blood alcohol levels correctly. If machines are not kept up properly, courts might not use their test results as evidence.

Time Gaps Between Arrest and Testing

The time between being stopped by the police and taking a DUI test can affect how accurate the test results are.

If there’s a long delay, the test might not show the driver’s true alcohol level when they were driving. Alcohol levels in the blood can go up or down during this time, which might give a wrong idea of how drunk the driver was.

Lawyers look closely at how long it takes to do the test, especially if it happens more than two hours after the stop.

In Colorado, there’s a rule about these two hours. If the test happens after two hours, it can be harder for the police to prove the driver was drunk.

This is why it’s important to note the exact times of the stop, arrest, and test. Any delays can help argue that the test results might not be right.

Video Evidence Analysis and Discrepancies

Police car cameras and body cameras record important footage that can show differences between what police reports say and what actually happened during DUI stops. By looking at this video evidence, lawyers can find differences that help defend someone and challenge the case against them.

1. Defense lawyers check the videos to see if police followed the right steps. They look for things like whether there was a good reason to stop the car, if the field sobriety tests were done right, and if the person was read their rights properly.
2. The video might show things like bumpy roads, bad lighting, or weather that could make it hard for someone to pass the tests.
3. By comparing the times on the video and police records, lawyers can find mistakes in timing. This can question the accuracy of test results or what the officer said.

Defense teams should get any video evidence quickly so it doesn’t get lost or erased.

Rising Blood Alcohol Defense Strategy

When someone is stopped by the police and then tested for alcohol, their blood alcohol level might still be rising. This can happen if they drank right before driving, and the alcohol is still entering their bloodstream.

In such cases, lawyers might use a “rising blood alcohol” defense to argue that their client’s blood alcohol concentration (BAC) was below the legal limit while driving but went over the limit by the time they were tested.

This defense relies on showing that the person drank alcohol right before they drove, and their body was still absorbing it when they were tested. Other factors include how much food they ate and how fast their body processes alcohol.

Experts, like doctors or scientists, often help explain this to the court.

For this defense to work, they need detailed records of when and how much the person drank, statements from witnesses, and expert opinions on how the person’s body absorbed alcohol.

Constitutional Rights Violations During a Stop

In DUI cases, looking at how the police might have ignored your rights can help your defense. Police must follow rules during traffic stops. If they don’t, any evidence they find might not be used in court, which could get your case thrown out.

Here are some rights that might be ignored in DUI stops:

1. Unfair Stops: Police need a good reason to pull you over. If they stop you without a reason, they might be breaking the Fourth Amendment, which protects you from unfair searches and being stopped without reason.
2. Miranda Rights: If you’re being asked questions by police while in custody, they must tell you your rights, like the right to stay quiet. If they don’t, they might be breaking the law.
3. Searches: The police can’t search your car or you without a good reason, your okay, or a warrant unless certain rules apply.

Writing down everything about your time with the police can help you find out if they broke any rules, which can change how your case goes.