blog home DUI Defense Possible Defenses for a Colorado Springs DUI Charge

Possible Defenses for a Colorado Springs DUI Charge

By Timothy Bussey on July 6, 2016

Getting arrested for driving under the influence (DUI) can be a scary thing and you don’t always know what you can do to defend yourself when facing these charges. Having a DUI attorney there will help tremendously because they’ll bring with them the experience of different defenses that are effective in fighting Colorado DUI charges.

A DUI is defined as driving a motor vehicle while under the influence of drugs or alcohol, and having a blood alcohol level of .08 or above while operating the vehicle. In Colorado, you may find yourself facing two charges associated with this crime: (1) you were driving the vehicle despite being unable to due to your impairment from drugs or alcohol, and (2) your blood alcohol content level was beyond the permitted limit.

If you are arrested for a DUI, with the proper defenses, you can still fight and hopefully have the charges dismissed. The following are five defenses you and your attorney can utilize during the course of your DUI case:

1. In Colorado, the arresting officer must have shown probable cause or a legitimate reason that made them suspicious of possible drunk driving before they pulled you over. Failure to provide a legal justification for stopping your vehicle may result in your arrest being considered unlawful.
2. The use of breathalyzers or blood alcohol tests to prove your inebriation may not be enough due to their tendencies to give incorrect results. This can be due to the faultiness of the test itself or error on the part of the officer administering the test.
3. Giving a field sobriety test can also be questionable. Because these results are determined by the officer’s observations, they can be influenced by a variety of environmental factors or even medical conditions on the part of the defendant which may render the results inaccurate.
4. Failure to read you your Miranda Rights when you were arrested may affect whether what you did or said at the time is admissible at trial.
5. If you have a medical condition or allergies which cause you to display some of the symptoms usually associated with intoxication such as red watery eyes or slurred speech, police officers may mistake these for signs of drunkenness.

When facing a DUI charge, it is vital that you have a skilled defense attorney there who will know the right defenses to apply to your particular case. The Bussey Law Firm, P.C. brings more than two decades worth of experience to the table and is ready to take on your case and help you get acquitted of these charges. Give us a call and let us start defending you today. The Bussey Law Firm, P.C. can be reached at (719) 475-2555.

Related Articles

Posted in: DUI Defense

Call now for legal help
(719) 475-2555

Categories



Facing criminal charges? Request a free 30-minute case evaluation to discuss your legal rights. Yes, Send My RequestFree Case Evaluation