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Pulled Over On Suspicion of DUI?
If you have been arrested for driving under the influence of alcohol (DUI) or driving while your ability is impaired (DWAI) by alcohol in Colorado, you may feel overwhelmed with worry and confusion. The first thing you can do to get a better grasp of your situation is speak with a knowledgeable defense attorney. A DUI conviction may result in the loss of your driver’s license, expensive fines, and even a jail sentence, but it is possible to have the charges against you reduced or dismissed with an aggressive legal representative on your side.
At The Bussey Law Firm, P.C., our dedicated Colorado Springs DUI lawyers understand how important it is for those accused of a drunk driving offense to get legal help as soon as possible. Your future hangs in the balance. Please contact Tim Bussey and his criminal defense team for a free and confidential consultation to learn more about your rights and options. Call (719) 475-2555 or send us an email.
What is a DUI or DWAI Offense in Colorado?
A DUI is defined as driving a motor vehicle while under the influence of alcohol and/or drugs. In order to be charged with a DUI offense in Colorado, a driver must be found to have a .08% or higher blood alcohol content (BAC) while operating a motor vehicle, whereas a DWAI offense requires a driver to have a .05% BAC. For drivers younger than 21, the BAC limit is .02%.
If you have been arrested for DUI, you may be charged with two criminal offenses. The first offense is driving while impaired, which claims that you were unable to safely operate a motor vehicle due to alcohol or drugs. The second offense claims that regardless of your driving ability, your BAC was higher than the legal limit and technically qualifies as intoxication.
What is Probable Cause?
Under Colorado state law, police officers must have a probable cause or reason to pull over a driver for suspected drunk driving. Common signs that a driver is under the influence of alcohol or drugs include swerving into other lanes on the road, failing to brake at intersections, and driving at inconsistent speeds. Without legal justification for pulling a driver over, however, the officer may not have a legitimate case that a crime was committed.
It is not uncommon for a police officer to make an arrest without sufficient evidence of misconduct, but a strong legal representative will fight to ensure that your rights are protected. If the officer did not have probable cause, you may be able to successfully refute the DUI charge against you.
What are Other Possible Defenses Against a Colorado Springs DUI Charge?
An arrest does not necessarily mean that you were guilty of the alleged crime. In many cases, a DUI charge may be dismissed or reduced based on errors or mistakes made by the law enforcement or faulty breathalyzers.
Failure to Read Miranda Rights: In the event that an officer fails to read a suspected driver his or her Miranda Rights before the arrest, anything the driver said or did prior to the arrest may not be admissible at trial.
Faulty Blood Alcohol Tests: Breathalyzers and other chemical tests used to decipher a driver’s blood alcohol content are notorious for providing inaccurate readings, which result in unjustified consequences. If an officer fails to administer a test accurately or there is an error in the test itself, the results may be inadmissible in court.
Inaccurate Field Sobriety Test Results: There are numerous factors that can interfere with a field sobriety test. A police officer must watch a person’s balance, motor skills, and coordination to determine whether a suspected drunk driver is intoxicated; however, poor lighting, medical conditions, slippery roads, and other issues may cause a person to appear under the influence of alcohol and/or drugs even if he or she is not.
Call a Dedicated DUI Attorney in Colorado Springs
With more than two decades as a Colorado Springs criminal defense attorney, Timothy Bussey has the experience, resources, and connections to confidently provide the guidance his clients need when facing criminal charges. The dedicated team at The Bussey Law Firm, P.C. will work tirelessly on your behalf to ensure that the drunk driving charges against you are reduced or dropped completely. For a free and confidential case review, please call us at (719) 475-2555 or send us an email.