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If you have been issued a ticket for drunk driving in Colorado, either for a DUI (driving under the influence), or for a DWAI (driving while ability impaired), you need to be aware that based on the facts of your case there may be a way to improve you chances in court, or even beat the case entirely.
First, the police officer needs a valid reason to stop you or otherwise contact you in the first place. If they did not have a reason to contact you, their case won’t get very far. Police are not allowed to stop any car on the road, they must have reasonable suspicion to stop you.
In some instances it is possible to have a chemical test thrown out for legal reasons. Then the district attorney is left with no test results to use against you and and he will have a major evidentiary issue with his case. Breathalyzer tests have a strict set of operation rules, and the results of the test may be held to be invalid if the procedures are not followed correctly. Additionally, the Breathalyzer must be maintained and operated correctly to obtain reliable results.
The chemical test of your blood also must follow the proper procedures and protocol to be a legally valid test. If you take a blood test, you should always retest the second sample. Sometimes the retest will come back with a lower BAC result that may improve your case. In some instances it may even come back under the legal limit.
Jurisdiction is the the geographic area in which a police officer or police force is allowed to conduct police activities and patrol. In every case, you should verify that the officer who contacted you had jurisdiction in the location he contacted you. If the officer was outside of his jurisidictional limits, you may be able to beat your drunk driving charges.
Even in our high tech world of advanced communications, there are still certain hearings where police officers need to be physically present to give their testimony. And in some cases, no cop equals no DUI. Yeah, its a strange technicality, but this strategy may be appropriate for your case.
Now, how do you exploit these strategies? Hire a good, local drunk driving lawyer. You are looking for someone who knows everything there is to know about these cases. You also want to hire someone who is familiar with the area and the local practices. A good local attorney knows the Judges, DA’s, and most importantly the little tricks of the trade in that specific city that will help you get the best results possible.
Do not hire someone who is making promises or guarantees, as tempting as it may be. That person is just trying to get your money by telling you what you want to hear when he or she has no way of knowing what will happen to your case without first looking at all the police reports, scouring the chemical test reports, negotiating with the prosecutor, etc.
Finally, if you cannot afford an attorney, apply for representation at the public defenders office. Do not try to represent yourself, or you will have a fool for a client.


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