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Can a police error help me beat my DUI charges?

On Behalf of | Apr 21, 2022 | DUI

After receiving DUI charges, it may seem like there is no way of beating them and keeping your record clean. When the results of a DUI conviction in Colorado can have lasting consequences, it is important to look for any method of defending yourself. In addition to your attorney looking at your actions in an arrest, they should also look at what the police were doing. There are actually many different ways that a police error can keep you from being convicted for a DUI, including:

Lack of probable cause

Before the police can even pull you over to conduct a traffic stop, they need to have probable cause, or a legal reason to pull you over. Probable cause can be anything from a broken taillight to erratic driving, but if police cannot provide probable cause in your arrest, your lawyer may be able to dismiss the case.

Lack of evidence

Despite how common roadside tests like walking a line and reciting the alphabet backward are, they are sufficient in convicting someone. Roadside test results can be skewed by any number of factors, like a driver’s physical health, if they have a prosthetic or other unseen conditions. If this is the only “evidence” that police have in your case, it may not be enough to convict you.

Evidence tampering or mishandling

Even if police gather evidence that is more substantial, like the results of a breathalyzer or even a blood test, it is still possible for that evidence to be unreliable. If the testing equipment that collected the evidence is in a questionable condition, the evidence was lost and cannot be presented, or the results of the tests are unclear, there may not be enough to prove that you were driving while under the influence.

Officers are also on trial in your case

The actions a police officer takes in your arrest can define the outcome of your case. Work with your attorney in your defense to confirm if the police committed any of these or other grave errors that could impact their ability to convict you.

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