Serving People Throughout Colorado
Call Us For Free Consultation:
Driving Under the Influence (DUI) charges are serious offenses that can have significant repercussions on your life, including hefty fines, license suspension, and even jail time. However, being charged with a DUI does not automatically mean you will be convicted. There are numerous potential defenses that a skilled criminal defense lawyer in Denver can employ to challenge the charges against you.
At the Law Offices of Steven J. Pisani, we have extensive experience helping those facing DUI charges and will ensure that every possible defense is explored to protect your rights and freedom. Our team is here to explain potential defenses for DUI charges and how our Denver defense attorney can assist you.
Before diving into potential defenses, it’s essential to understand what constitutes a DUI charge. In Colorado, you can be charged with Driving Under the Influence if your Blood Alcohol Concentration (BAC) is 0.08% or higher.
Additionally, you can face DUI charges if you are impaired by drugs, whether prescription, over-the-counter, or illegal substances, while operating a vehicle. Understanding the nature of these charges sets the stage for exploring viable defense strategies.
Several defense strategies may be employed to help you fight to have your charges reduced or dismissed. Here are some of the most common that our team uses:
One of the most common defenses is challenging the legality of the traffic stop. Law enforcement officers must have reasonable suspicion to pull you over. If your Denver defense attorney can demonstrate that the officer lacked probable cause, any evidence obtained during the stop, including BAC results, may be deemed inadmissible in court.
Field sobriety tests (FSTs) are often used to establish impairment. However, these tests must be administered correctly according to standardized procedures. If the officer deviated from these guidelines or environmental factors like uneven surfaces or poor lighting influenced the results, your attorney could argue that the FSTs were unreliable.
Breathalyzer devices must be properly maintained and calibrated to give accurate readings. Your criminal defense lawyer in Denver can scrutinize the maintenance records of the device used in your case. Additionally, factors such as medical conditions (like acid reflux) or improper administration of the test can lead to false positives.
The “rising BAC” defense argues that your BAC was below the legal limit while you were driving but increased by the time you took the test due to the natural absorption process of alcohol in your bloodstream. This defense can be particularly effective if there is a significant delay between the time of the traffic stop and the BAC test.
Certain medical conditions, such as diabetes, hypoglycemia, or GERD (gastroesophageal reflux disease), can affect breathalyzer results and mimic signs of impairment. Your Denver defense attorney can present medical evidence to challenge the validity of the BAC results and other observations made by the arresting officer.
Residual alcohol in your mouth from recent drinking, mouthwash, or medications can affect breathalyzer results, leading to falsely elevated BAC readings. Your lawyer can argue that the presence of mouth alcohol skewed the results, making them unreliable.
The prosecution must prove beyond a reasonable doubt that you were impaired while driving. Your attorney can challenge the sufficiency of the evidence, such as questioning the credibility of the officer’s observations or the reliability of witness testimony.
You have constitutional rights that must be upheld during an arrest. If law enforcement violated your Miranda rights or conducted an illegal search and seizure, your lawyer could file a motion to suppress any evidence obtained in violation of your rights.
Behaviors typically associated with impairment, such as slurred speech or unsteady walking, can also be attributed to fatigue, stress, or medical conditions. Your attorney can present alternative explanations for your behavior to cast doubt on the prosecution’s case.
Law enforcement officers’ misconduct or procedural errors can be grounds for defense. This includes falsified reports, failure to follow proper arrest protocols, or coercion during questioning. Demonstrating improper conduct can undermine the prosecution’s case and potentially lead to a dismissal of charges.
Navigating the complexities of a DUI charge requires a deep understanding of legal principles and scientific evidence. A skilled criminal defense lawyer in Denver will meticulously review your case, from the initial traffic stop to the administration of tests and the evidence collection. Here’s how our Denver defense attorney can assist you:
Your attorney will thoroughly evaluate your case, identifying potential weaknesses in the prosecution’s evidence and formulating a strategic defense plan tailored to your specific circumstances.
An experienced lawyer will gather and analyze all relevant evidence, including police reports, breathalyzer maintenance records, and witness statements. They may also consult with experts in fields such as toxicology or accident reconstruction to support your defense.
Your attorney will represent you in all legal proceedings, from pre-trial hearings to the trial. They will advocate on your behalf, challenging the prosecution’s evidence and presenting a compelling defense to the judge or jury.
Sometimes, your attorney may negotiate with the prosecution to secure a favorable plea bargain or reduced charges. Their goal is to achieve the best possible outcome through negotiation or litigation.
Facing DUI charges can be daunting, but with the right legal guidance, y7ou can effectively challenge the allegations against you. At the Law Offices of Steven J. Pisani, our dedicated team of criminal defense lawyers in Denver is committed to providing comprehensive legal support to individuals facing DUI charges.
If you or a loved one has been charged with a DUI, please contact us for personalized legal guidance and fearless defense representation. Your future may depend on it.
