Former Prosecutor Now Helping You Beat DUI Charges
Greeley criminal defense attorney William (Bill) T. McAdams devotes a significant percentage of his criminal law practice to defending clients accused of a broad range of DUI and alcohol-related crimes in Larimer and Weld counties. These counties have the highest rates of DUI in the entirety of Colorado, which means the police are gunning for drunk drivers. It is essential that you have an attorney like Mr. McAdams, who has a proven track record of success and a reputation as a hard-hitting defense lawyer who will leave no stone unturned in a client’s defense.
The evaluation of a case can be critical in beating a DUI charge, and here are just a few of them many factors that can play a role in overcoming a DUI charge:
1. The breath test can be inaccurate. Most experts believe that just one breath alcohol test is unreliable. And there are many inaccuracies that Breathalyzers and Intoxilyzers are prone to.
2. If you do not have a speedy trial, which is a trial within 180 days of your request for a trial, then your charge can be dismissed.
3. Field tests that are not standard — or scientifically measurable — are not valid and can be thrown out as evidence. Counting backwards is simply a measure of your ability to count backwards, nothing more, nothing less, according to the National Highway Traffic Safety Administration (NHTSA).
4. Field sobriety testing for the few standards that are scientifically acceptable cannot be used as valid evidence for those with medical conditions or who are overweight or over 65 years of age.
5. When the police officer fails to follow the circumscribed set of rules required in giving, analyzing or preserving a blood alcohol test, it is possible to obtain a suppression of the evidence.
6. If you weave inside your lane of traffic and do not cross the lines, it is not a violation of any law, and you cannot be pulled over on suspicion of drinking while driving.
7. Was your breath alcohol test operator unlicensed or was his certification not up-to-date? These are potential reasons to suppress evidence.
8. Evidence gained by a portable breath alcohol test is inadmissible in a court of law in drunk driving cases. This form of test is considered unreliable.
9. If the officer failed to read your Miranda rights, any statements of guilt that you made cannot be used against you.
10. Did the police fail to inform you of the implied consent law with regard to driving on state roads? If so, blood test or breath test evidence cannot be used to incriminate you.
Our Defense Depends On The Facts Of Your Case
There are as many ways to build a drunk driving defense case as there are clients. This is because every defense case is unique, and the facts of the situation will dictate how the effort will be made to beat the DUI charge or obtain drastically reduced charges, whenever possible.