Being charged with a DUI does not necessarily mean you will be convicted. With the right DUI defense, you can dispute these charges and attempt to show the court your innocence.
Authorities have the burden of proof in DUI cases, which means they need to prove that certain elements were true in order to have a successful case against you. These elements include the exhibition of poor or impaired driving and blood alcohol content (BAC) levels above the legal limit.
An experienced DUI defense attorney might be able to dispute the prosecution’s evidence by proving any of the following.
You Were Not Driving Erratically
The authorities may have found that your BAC levels were above the legal limit during a routine stop, but up until that point, you had not been driving erratically. Your defense attorney can use this evidence to help reduce your penalties.
If you were driving safely leading up to the arrest, you did not put anyone in harm’s way. Other factors could have caused your elevated BAC levels, such as certain medications or the presence of specific foods.
You Were Behind the Wheel But Not Driving
Maybe the authorities never actually saw you driving with a high BAC, even though you were behind the wheel. You might have been sleeping when a police officer approached your window. Or perhaps you were sitting in your car in a parking lot, waiting for your BAC levels to go down before starting the vehicle.
If your legal representation can prove that you were not actually driving while intoxicated, this may impact the case against you.
You Were Not Behind the Wheel
Perhaps you were involved in an accident with a few other people in the car. By the time the police arrived, all passengers, including you, had stepped out of the vehicle. The police did not witness who was behind the wheel, meaning they cannot prove you were driving under the influence.
This is an example of one of the legalities your attorney can use as part of your DUI defense. They can promote evidence suppression by asserting that just because the authorities had probable cause does not mean they have actual evidence of your wrongdoing.
You Were Not Drunk
Finally, your attorney can challenge the prosecution’s evidence that your BAC levels were above the legal limit while driving.
If the police conducted a field sobriety test, your lawyer might be able to disprove the accuracy of this test or show that there were errors in its administration. Many studies have shown that field sobriety test accuracy is not reliable on its own.
Meanwhile, if you failed a breathalyzer test, your attorney might be able to show that the breathalyzer calibration was off or that another factor impacted the test, such as a medication you took. Challenging any evidence in this way can help weaken the prosecution’s case.
Defend Your Charges With Churchill DUI Defense
You need an experienced Colorado attorney to help you craft an effective DUI defense. Churchill DUI Defense has helped resolve thousands of cases across the greater Denver area. Contact us today at (303) 832-9000 for a free consultation.