The criminal penalties associated with a Colorado drunk driving conviction are not the only potential consequences an accused individual faces. Nearly every aspect of your life can be affected. Fortunately, just because you are charged with DUI does not mean that you will be convicted.
For example, the breath test given by a law enforcement officer at the scene is not admissible as evidence because it is considered unreliable. Moreover, breath test machines can be inaccurate. Even if the machine is working properly, the officer using it may not be properly certified to use it.
In addition to a portable breath test, officers often conduct field sobriety tests to assist them in determining intoxication. However, when these tests are administered to people with certain medical conditions, those over the age of 65 or overweight, the results are often not reliable. Further, if an officer does not use a standard field sobriety test — such as asking you to count backwards — it may not be used as evidence since it is not a scientifically acceptable measure of whether a person is drunk.
The police officer is also required to inform you of your rights. If you are not properly advised, anything you say after your arrest may not be used in court. You are also entitled to be informed about Colorado’s implied consent law. If you are not, blood test results may not be entered into evidence.
For these reasons and more, it is important that you have an experienced attorney review your case. Each DUI charge occurs under a unique set of circumstances, and should not be considered a “slam dunk” by anyone. More information about preparing a defense to a charge of driving under the influence is available on our website.