Every Colorado DUI case is different, and each DUI defense strategy should be different as well. If you are facing these types of criminal charges, it is critical to choose the right approach for your defense. Your future and freedom are at stake, and it’s worth the effort to custom-tailor a plan to suit your goals and the unique details of your case.
How can you know which is the right defense strategy for you? Starting with a complete and thorough assessment of your case, you will need to look at everything from the circumstances of your traffic stop to how law enforcement administered various types of sobriety tests. This is a critical step in understanding how to effectively confront the charges against you, protect your rights and shield your future interests.
What factors played a role in your case?
A strong DUI defense strategy relies on effectively attacking the prosecution’s case, including elements such as the actions of the police officer and the interpretation of drivers’ behaviors. It may help to ask the following questions:
- Did law enforcement administer sobriety tests properly? When police suspect a driver of intoxication, they must follow specific procedures when administering sobriety tests. Inaccurate results can lead to an unfair arrest and criminal charges.
- Were there valid grounds for a traffic stop? Law enforcement must have a legitimate reason to pull a driver over, called reasonable suspicion. This may include behaviors such as swerving or driving at erratic speeds. A defense can challenge the reason for the initial traffic stop.
- Are the Breathalyzer test results accurate? Results of a breath test may not be accurate if police did not administer the test accurately, properly maintain the device or calibrate it.
- Was there a proper handling of samples? If police did not follow the proper chain of custody of a blood or urine sample, it can lead to inaccurate results. A defendant can challenge the results on these grounds.
If you experienced a violation of your rights at any point during your traffic stop or in your interaction with law enforcement, you can use this in your defense as well. You have rights, and you can challenge the case against you if police treated you unfairly.
A strong defense starts now
One of the most effective things you can do to develop your defense strategy is to start as soon as possible after your arrest. When it is your future on the line, you have no time to lose in seeking help and planning on how you should confront these charges.
DUI laws are complex, and you do not have to navigate the criminal justice system on your own. It may help to discuss your specific options with an attorney experienced in drunk driving defense.