Being charged with a DUI is a frightening and often humiliating experience and puts you at risk for losing your driving privileges. Those charged with DUI face high fines, attendance in alcohol education programs, community service, and in some cases, jail time. If you are facing a charge of DUI, an experienced attorney might have the opportunity to bargain with the prosecution in an attempt to have your sentence reduced.
There are even instances in which an experienced DUI attorney is able to have your charges dismissed completely. This is why it is so important to work with an attorney who understands DUI laws in your state. There is a variety of circumstances under which charges will not hold up in court, especially when a case is argued by a skilled attorney. Your attorney might be able to spot problems in the case the prosecution has built against you and ultimately, it may be as if you were never arrested.
What Factors Does a DUI Attorney Consider When Examining Your Case?
Whether the Initial Traffic Stop was Legal
In order for law enforcement to stop your vehicle while you are driving they need probable cause. Probably cause includes things like driving erratically, violating a traffic law, or driving a vehicle that is in some way violating a law – such as a burnt out headlight or inadequately displayed license plate. Law enforcement can also stop you if you drive through a checkpoint or your vehicle has been reported stolen. If a legitimate legal reason for stopping your vehicle does not exist, the stop may be considered invalid.
The Legality of the Sobriety Test
In order for DUI charges to hold up in court, the results from your field sobriety test must be legally sound. Refusing a sobriety test will result in the loss of your driving privileges, even if your blood alcohol content is not above the legal limit. An attorney can determine if the stop and tests were legal. If the results of your field sobriety test are flawed, he or she can use this information to attempt to have your charges dismissed.
Keep in mind an experienced attorney can dispute your sobriety test on two grounds: whether there was probable cause to administer the test and whether the test results are accurate. Inaccurate test results are a common reason DUI charges are dropped. If a device is improperly calibrated or the manufacturer refused to turn over needed information about the device, the test results from your test might be inadmissible.
Fighting a DUI charge is challenging, but it can be done. The assistance of a skilled attorney increases the odds your case might be dismissed. If you believe the DUI charge you are facing is invalid or you have questions about Colorado’s DUI laws, contact Miller and Steiert, P.C. for more information.
