Driving under the influence (DUI) is a critical offense punishable by grave legal and financial liabilities in Greeley, Colorado. Upon being charged with DUI or in the process of learning the legal regulations, it becomes crucial to know what evidence needed for a DUI conviction. Our attorneys at McAdams Law Office are ready to offer guidance, support, and knowledge of what prosecutors rely on, how they build their cases, and how defense attorneys fight those claims.
Under Colorado Revised Statutes Section 42-4-1301, a person can be charged with Driving Under the Influence (DUI) if they drive while impaired by alcohol, drugs, or a combination of both so that, to some appreciable degree, their ability to drive is adversely affected. Driving while Ability Impaired (DWAI) applies a lesser standard where a lesser charge applies when an impairment can be noticed, yet not to the full extent that one would raise toward the serious charge of DUI.
In order to convict an individual in a charge of driving under the influence, there are various pieces of evidence needed for a DUI conviction that the prosecution may offer. This commonly refers to:
Field Sobriety Tests (FSTs) are exercises used by officers to assess impairment and are not considered completely reliable. Common examples include:
Colorado’s “express consent” law means that by driving, you automatically agree to a chemical test (breath, blood, or urine) if suspected of DUI. Here’s how the results are used:
An officer’s account of your behavior while driving significantly establishes impairment. Many DUI cases cite:
Dashboard cameras used in law enforcement can provide a valid and objective picture of what the driver was doing at that time.
If there are passengers or third-party witnesses, their testimonies may be used to corroborate or challenge the officer’s observations. Witnesses may testify about the driver’s behavior before, during, or after the incident.
Prosecutors use each type of evidence described above in constructing their case. Among these would be:
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While the prosecution may seem to have the upper hand, there are several ways a skilled DUI attorney can challenge the evidence:
If breathalyzers or blood testing equipment were improperly maintained or calibrated, the test results might be deemed unreliable. Additionally, questions about the chain of custody for blood or urine samples can lead to evidence dismissal.
Given the subjective nature of field sobriety tests, attorneys can argue that external factors such as uneven surfaces, poor lighting, or medical conditions influenced the test results. Studies have shown these tests are not always accurate in gauging impairment.
Bodycam or dashcam footage can counter an officer’s subjective observations. For example:
In the absence of sufficient evidence against the prosecution, the case may even be dismissed or the charges reduced to another penal offense, such as reckless driving. However, a lack of evidence does not necessarily amount to dismissal; it may create more favorable circumstances for plea negotiations.
DUI charges can be overwhelming, but you don’t have to face them alone. A skilled DUI attorney meticulously reviews your case, challenges weak evidence, and fights for the best possible outcome. At McAdams Law Office, we specialize in DUI defense in Greeley, Colorado, carefully analyzing every detail to identify flaws in tests, procedural errors, and violations of your rights. We understand the evidence needed for a DUI conviction and leverage our expertise to build a strong defense on your behalf.
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Take the first step towards protecting your future. Visit us at 822 7th Street, Suite 530, Greeley, CO 80631, or call (970) 353-0000 to schedule your consultation.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.