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Police Evidence

The evidence in any criminal case must be legally admissible against you before it can be considered by a jury. This means that if the police violated your constitutional rights, or did not follow proper procedures, the evidence against you may be thrown out of court, and your case dismissed.

In cases where the evidence cannot be suppressed, your case will then depend on the reliability of the evidence itself. In DUI cases, this evidence includes the BAC test, the roadside maneuvers or field sobriety tests, the statements that you made to the police, as well as the officer’s testimony about his observations of your driving, your appearance, and your demeanor.

The evidence against you consists of the subjective opinions of the officer regarding your level of impairment, as well as an objective, numerical measurement — the BAC test. Yet, both the officer’s interpretations of your actions, and the machine that tests your breath — are subject to error. Evidence that may seem obvious and reliable at first will sometimes turn out to show hidden errors that can weaken the believability of the DUI case against you. Of course this can’t happen in every case, and some cases cannot be successfully defeated. However, you can expect that our experience with DUI defense cases will allow us to uncover problems with the DA’s evidence, and win your case when that is achievable.

DUI cases involve both complex scientific evidence as well as subjective eye-witness testimony from the officer in your case. Your Denver DUI attorney must both be able to understand blood alcohol science, and have effective cross-examination skills, in order to uncover bias in the officer’s conclusions. Like any person, the officer that arrested you is subject to having inaccurate memories and perceptions, and drawing false conclusions — especially given their bias toward guilt. Denver police officers make errors themselves in the administration of your roadside field sobreity tests, and blood alcohol tests. Our experience in this very specialized field of law is essential. We will evaluate each piece of evidence thoroughly to ensure that we develop an accurate assessment of the strength or weakness of the case against you – before you must make important decisions in court.

The pages in this section are intended only to provide basic information, and the information provided here does not substitute for hiring an experienced Denver drunk driving defense lawyer. Please contact our Denver DUI law firm with any questions you may have about the evidence in your case.