How to Defend a Colorado DUI
Under Colorado law, you're prohibited from driving a vehicle while under the influence of alcohol or drugs or while your ability to drive is impaired by alcohol or drugs. The penalties for a "DUI" or a "DWAI" may be criminal or administrative. Criminal penalties include fines, imprisonment and required public service. Administrative penalties include the suspension or revocation of your driver's license.
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Instructions
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Don't assume that the breath test rules were properly followed. In Colorado, officers are legally required to monitor you for 20 minutes before giving the test to make sure that you don't hiccup, burp or regurgitate, any of which may affect the results. If it can be proved that the officer didn't properly follow the rules for administering the breath test, the court may dismiss it as evidence. Also, if the test operator or the machine doesn't have current certification, the test breaches Colorado law. Consult the officer "Training Manual" for additional roadside tests to read what procedures and criteria officers must meet in order for tests to be valid and legal.
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Challenge results of a breath test. For instance, file a motion to suppress the evidence of a breath or blood test if there's evidence it's been improperly administered. Present evidence of sobriety, such as a witness's account that you only consumed one drink, or proof of your successful completion of other sobriety tests. Cross-examine the police officer or the state's expert to expose flaws in the testimony of anyone alleging insobriety.
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Fight the suspension of the license. In Colorado, revocation of a license is automatic if you refuse to take a breath or blood-alcohol test or if you fail one of them. However, it's possible to challenge this penalty based on a number of defenses. For instance, if you can prove that the sample wasn't taken within two hours or that an alcohol antiseptic was used when the blood was drawn, the court may rule against revoking your license. Other circumstances that may spare you from losing your license include improper administration of the test or the presence of a medical condition, such as diabetes.
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Avoid taking the witness stand. You're not an experienced witness, and are likely to appear nervous and unsettled. If you lose composure on the stand, a judge may interpret your anxiety as guilt. Further, the prosecutor may ask you questions that'll inculpate you or make it appear as though you're not credible and honest.
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Consider a plea bargain. A plea bargain is an agreement between your defense attorney and the prosecutor that you'll be allowed to plead guilty to a lesser charge, with reduced criminal penalties, if you agree to complete a drug or alcohol treatment program. However, only first-time offenders are normally eligible for a plea bargain.
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