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2009
08
July

How to Beat a Colorado DUI

by Brad Laybourne

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.

It is also possible to get the chemical test thrown out of court. Then the prosecutor is left with no test results to use against you and a big hole in his evidence. Breathalyzers have a strict set of operation rules, and the operator of the Breathalyzer may invalidate the test by not following the rules. In addition, the Breathalyzer must be properly maintained and operating correctly.

Chemical tests of your blood also must follow the proper procedures for the test to be legally valid. In every case, you will want to retest the blood sample. In some cases, the retest result comes back under the legal limit or varies so much from the original test that the first test is deemed invalid.

Jurisdiction is a fancy word that means the geographic area a certain police officer is allowed to patrol and conduct police activities. You will want to double check that the officer who gave you a ticket had jurisdiction to do so. If not, you can beat your DUI.

Even today, in our high tech world of advanced communications, there are still certain court hearings where the officer needs to be physically present in Court to give their testimony. In some situations, if the officer does not appear in court when required to do so, the D.A. won’t be able to proceed with their case against you.

So, how do you take advantage of these strategies, or various other ways to beat a Colorado DUI? First, hire an experienced, local attorney. You need someone who knows everything about drunk driving cases. You also want to hire a lawyer who practices exclusively in the geographical area where you got your ticket. 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.

Last, but not least, make sure you have an attorney, even if you have to get the public defender. Do not try to represent yourself, or you will have a fool for a client.

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