Defending a DUI/DWI

Like in any other crime or offense against the law, everyone has the right to a fair hearing after a DUI charge. This would help in the juxtaposition and scrutiny of pieces of evidence in court of competent jurisdiction to accept admissible pieces of evidence and dismiss the perceived insufficient to stand as evidence against the offender. Admissible pieces of evidence once admitted will allow the judge to rule fairly based on the defensive points of the counsel who represents the offender as against the prosecutors’ claims.

DUI defense toughens up with additional DUI charges

DUI defense can be very tricky, unlike any other criminal defenses. It sometimes might be very difficult for DUI attorneys to gather enough pieces of evidence to contest your charges. This is why you need a very professional and experienced DUI attorney who also understands DUI laws as applied directly to the state or city in which the arrest is made and the charge is put up against you. Defending a DUI can absolve you of the penalties or in very tough situations reduce your punishments rather than leaving them to stand. It should also be noted that your criminal record can only be protected when you defend a DUI charge in Colorado because with each DUI, you are a step and another close to becoming a felon up to the fourth DUI in Colorado.

Just like there are different penalties for DUI across the stages from first to multiple, DUI defenses also become tougher from the first to second, third and multiple. The higher the numbers of times you are arrested and charged for the offense, the more difficult you make the job become for your defense attorney especially as prior DUI count against your record.

Changes to Colorado DUI Law as Affecting Defense

The recent changes to DUI law in Colorado make the job far easier for prosecutors and your defense becomes more difficult for attorneys. By this, we are referring to the DUI per se inclusion which states that you are not necessarily intoxicated before you can be arrested for DUI but you can be charged once your blood alcohol concentration (BAC) is found to be 0.05 percent for DWI and 0.08 percent for DUI. Prosecutors usually rely on this fact to nail an arrest as well as arrange a charge against DUI offenders. This is why they most often opt for a chemical test to find out your BAC level immediately after arrest.

The prosecution now rely on the science of chemical test rather than whether you are truly intoxicated. Worthy of note is that the set DWI limit of 0.05 percent is presumed rebuttable. This means that once you submit for a chemical test and you tested a BAC of between 0.05 and 0.079 percent, it could be presumed that you are impaired to a very small degree. Although you have a right to rebut the presumption, you are considered guilty rather than innocent.

Challenging Voluntary DUI Tests

A Denver DUI attorney is not expected to challenge your chemical test charges alone. He could also challenge your voluntary DUI tests if you have submitted them to one. However, the general advice is not to submit to one as it is voluntary and can be implicating even when you are not drunk owing to a lot of factors. One of these voluntary DUI tests is the Field Sobriety Test. Most DUI attorneys are trained to understand the validity of the test and how the tests could be compromised by instructors’ error. Therefore they could ask you a series of organized questions that cut across

Reasonable Suspicion for Contact
Probable cause for arrest
And the Chemical test

The answers you give to these questions would prepare your DUI attorney for your defense appropriately as they are meant to present them with pieces of evidence that could both be evaluated and exploited against prosecutors in a court. There are many ways and approaches a DUI attorney would take to your defense but it is generally believed that an organized, experienced and knowledgeable Colorado DUI will attack every bits and phase of your arrest in a bid to prepare a solid defense for you. Of course, neither you nor the attorney wants to lose the case. As the DUI is an unpleasant record in your books, it could spell a bad reputation for the attorney if he loses the case as well.

Choose an Experienced Defense Attorney

Let us face it. DUI has lots of negative consequences on your personal life. You might be losing your driving privileges, made to pay huge fines, placed on probation, serve a jail term, serve mandatory community service or even made to undergo monitored sobriety. You, therefore, place yourself at risk of losing a DUI charge without the service of an experienced DUI attorney hence losing some privileges. You are therefore advised to only entrust your case in the hands of experienced Colorado DUI attorney whose main area of focus is DUI. It is believed that such lawyers would understand the state’s DUI laws perfectly and know the right spot to attack your issues from.
You can always check-in for experienced lawyers with us.

FREE CONSULTATION

(303) 648-4080