Colorado DUI Defense Strategies

Have you been charged with drunk driving based upon an illegal traffic stop or search without probable cause? Did the police follow the proper testing procedures in administering a chemical test? What types of arguments work when defending against a dui, dwai or duid charged?

Perhaps the most common misconception about dui law is that if your are stopped by the police for dui that you enjoy normal constitutional rights e.g., the right to receive Miranda warnings and to speak to an attorney. The fact of the matter is that many of the safeguards which an armed robbery suspect would enjoy are suspended when it comes to a dui traffic stop. Successful defense of a drunk driving charge requires specialized defenses. Here are three of the issues which dui attorneys use to save drivers licenses and keep persons accused of DUI out of jail.

Did the Police have "reasonable suspicion" to initiate a traffic stop? - Under the United States Supreme Court case Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.ED.2d 889, a police officer may stop a motorist where circumstance give rise to a "reasonable suspicion" that the motorist is involved in criminal activity. Where an officer stops a vehicle without reasonable suspicion, any evidence after the stop should be "suppressed" by the court. Suppression of the dui breath or blood test may lead the district attorney to dismiss your case or to settle on very desirable terms. Accordingly, getting evidence suppressed, if possible, is a number one priority for your defense attorney.

The most common reasons given for a stop by police are "weaving" (failure to drive in one lane), speeding, and vehicle equipment violations (e.g., inoperable license plate lamp.) Driving behavior which would be ignored by the police during the day will often result in a traffic stop after dark. One of my most memorable victories came where the police pulled my client over for a "cracked" tail lamp. Even though my client admitted to being drunk - I argued to the judge that there is no law making a "cracked" tail lamp illegal in Colorado. Result - "CASE DISMISSED!" The bottom line is that unless you are sure that the reason given by the police for pulling you over is really a violation of the law you should seek professional help before talking to the District Attorney.

Did the Police have "probable cause" before they requested an alcohol test? - Despite propaganda to the contrary, it is still legal to have a couple of beers or a glass of wine with dinner and then drive home. Unfortunately, in Colorado if you are stopped by police and have any alcohol on your - count on being forced by police to do road-side sobriety tests and take a breath test. The police seem to believe that an odor alcohol on the breath is sufficient cause to test driving under the influence. This however, is not the law.

The seminal case in this area is People v. Roybal, 655 P.2d 410 (Colo. 1982). In Roybal the Colorado Supreme Court reversed the dui conviction of a driver who police had arrested and forced to take a breath test because he smelled of alcohol. The Supreme Court held that for a dui arrest to be legal it must be supported by "probable cause." Probable cause in the context of a dui arrest is more than a mere odor of alcohol on a motorist's person or breath. Whether the police had probable cause to arrest must be determined according to the totality of the circumstances.

Did the alcohol test given to you by police comply with state regulations? DUI testing procedures purport to measure chemicals which are found in exceedingly small quantities in the human body. For example, the impaired level for alcohol, 0.5 grams of alcohol per 210 liters of breath, equates roughly to 1/80th teaspoon of alcohol dispersed in a volume of air the size of an oil drum! Needless to say even the smallest error in the analysis can result in your being wrongly accused of a crime which you did not commit.

The police in Colorado are required to follow written regulations when administering either breath or blood tests. These regulations have the effect of law and should be followed by those sworn to enforce the law. If you can show, as is often the case, that the police utilized sloppy procedures which violated the regulations, e.g., short or non-existent observation period, you may be able to save your license or obtain a more desirable plea bargain. In other words never, ever, assume that the police have followed the law!