When someone is faced with DUI charges after an arrest in Colorado it can be daunting and worrisome. However, there may be various options available for an effective DUI defense strategy. Many times a case will offer possible effective arguments around the legitimacy of the evidence against the defendant. A Colorado DUI case that may soon be heard by the U.S. Supreme Court is just such a case.
The incident happened in 2012 when a man was arrested for a suspected DUI. The arrest occurred following a vehicle accident. However, it turns out that the man may have had his legal rights abused by the police. The authorities allegedly took a blood test without the man’s consent while also failing to obtain a warrant.
The state judge, as well as the Colorado Supreme Court, ruled against the prosecution and in favor of the defendant. The two judges ruled that the arresting officer was required to obtain a warrant before ordering blood be drawn from the defendant. If the U.S. Supreme Court decides to hear the case, it could have significant implications regarding DUI laws nationwide.
On the other hand, regardless of whether this particular Colorado DUI case goes to the U.S. Supreme Court, paying attention to how police collected evidence can be important for crafting a DUI defense strategy. The police are required to follow certain rules and regulations when investigating an alleged DUI. Even a minor mistake by police can allow a defendant the ability to possibly have charges dismissed.
Source: 9news.com, “Colorado DUI case sent to US Supreme Court“, Dec. 7, 2014