Drunk driving charges are some of the most common criminal charges that Americans face. Each year, thousands of Colorado residents are arrested on drunk driving charges. While being arrested on DUI charges can be challenging in terms of emotions and a potential license suspension, our readers know that an arrest is not a conviction. The burden is on the prosecution to present evidence that convinces a jury beyond a reasonable doubt of a defendant’s guilt. This is why any Colorado resident who has been arrested on DUI charges needs to consider the potential defense options.
The first place to look for potential problems with a DUI case is the traffic stop. Why did the police officer initiate the traffic stop to begin with? Without a valid reason for the stop, all of the evidence that is collected in the ensuing investigation may be “suppressed” – which means that it could be throw out of court.
The next place to look for problems is with the field sobriety tests or breathalyzer test that are conducted during the DUI investigation. Police officers have rigorous requirements that must be followed when these types of tests are conducted. If there are any problems with the way the officer conducted the case, the entire basis for the initial determination of alleged intoxication could be called into question.
Lastly, if it looks like the prosecution may have sufficient evidence to secure a conviction, many defendants choose to enter into plea negotiations with the prosecution. In doing so, the defendant could secure a deal that leads to charges being lowered to a different offense, or a deal could lead to a lessened penalty upon an admission of guilt. No matter what the circumstances of the arrest, Colorado residents would likely benefit from considering all of the available defense options when it comes to DUI charges.