How to Win Your CO DUI Case

So, you’ve gotten charged with a DUI. What now?

When you’re charged with a crime like driving under the influence in Colorado, you have the right to fight back, but the key is to have an experienced attorney on your side who can help. They know that there are several ways to win a DUI case – as well as many ways to lose one. But a good DUI lawyer is going to know many things you do not about the law – and even how your local jurisdiction works.

Here is how you can win your Colorado DUI case with an effective defense formulated by a winning attorney.

How to Win a DUI Case in Colorado

The key to winning a DUI case in Colorado is to look at a few different angles of your DUI case to find the best defense. While every case is different, some of the most common ways that people defend themselves against charges or have their charges dropped altogether include:

Issues with the Traffic Stop

How and why the police pulled you over in the first place is an important aspect of your case and may be the key to beating a DUI charge.

The police cannot legally pull you over without a lawful reason to. Any type of simple violation of traffic laws such as speeding, running a stop sign, or not changing lanes properly can be a legitimate reason to stop you.

However, being pulled over for a traffic violation in itself does not mean the police can have you submit to tests to determine if you’re operating a vehicle under the influence. They must have reason to suspect you are impaired, such as having slurred speech or a visible open container.

If the police conducted an improper stop, then it’s possible everything that happened, including any blood alcohol content results, could be inadmissible in the case against you.

Your Rights Were Violated

If the police in Colorado ask you questions that are meant to have you make an incriminating statement against yourself after you’ve been arrested, they have to inform you of your rights under the United States Constitution beforehand.

Citizens are protected under the Fifth Amendment from making incriminating statements against themselves, and are protected under the Sixth Amendment to have advice from legal counsel before answering questions.

If you aren’t advised of your rights by the arresting officer, then the court may find any statements you made inadmissible.

Challenging Test Results

Even though the primary way that a person is charged with a DUI is by having their blood alcohol content tested, these tests aren’t always accurate and don’t always function as they should.

Breathalyzers, for example, must be correctly calibrated and maintained to be accurate and can be wrong. Police, too, can make mistakes when administering these tests. These types of mistakes can make a great case for having the test’s reliability questioned in court.

Colorado Springs DUI Lawyer

If the reliability of the blood alcohol test can be called into question, then the judge may not allow evidence that resulted from these mistakes into the case. That’s a win for your defense.

If you are convicted of a DUI in Colorado it can have a significant impact on your life. That’s why it’s vital to secure an attorney to help represent your best interests.


About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.