3 Strategies DUI Attorneys Use to Get Charges Dropped

  • Robert Biondino,
  •   DUI
  •   None


Driving under the influence is not something any rational person condones, but we’re all humans and mistakes are made. One bad decision should not negatively affect the rest of your life. It’s going to cost you time and money; the fine for a first offense in Colorado is between $300 and $1,000 and one year suspension of your license. That’s why it’s important if you find yourself on the wrong end of an alcohol-related charge to hire a quality DUI attorney to defend you and represent your best interest. There are various different DUI defenses that your legal representative should explore depending on your particular situation. Here are three of the ways a DUI attorney can help you out.

1.) Probable Cause: The easiest way for a DUI lawyer to get you off is if the officer didn’t have probable cause when he pulled you over. Simply pulling someone over because it’s 3:30 am is not a good enough reason to hold up in a court of law. This can be tricky because many officers will say that you were swerving while driving, or not following proper traffic laws and it can be you word against theirs. This is why it’s important to not admit to fault of anything when the officer first pulls you over and asks if you “know what you did wrong.”

2.) Rising Blood Alcohol: One of the more scientific ways a DUI attorney will use to beat a charge is by the rising blood alcohol principle. It’s a known fact that alcohol takes times to absorb into your blood stream, usually between one and three hours. This means that your real blood alcohol content (BAC) is not necessarily the one you will blow if you’re stopped and ordered to take a breathalyzer test. What matters is what your BAC level is at the time you were driving, not when you took the test.

3.) Errors in Testing: This category covers a wide-variety of factors. Perhaps the greatest tool in DUI representation is finding where something could have gone wrong. Field sobriety tests which used to be popular are not-so-much anymore because of their inaccuracies. Factors such as diet, medical conditions, and the alcohol residue in your mouth can all contribute to a false-positive on a blood or breath test.

While there are certainly other techniques that can be used to get out of a DUI charge, these are some of the more common that a good DUI attorney should be able to utilize. Even if they can’t get you off completely, many times charges get reduced to something like a driving while ability impaired (DWAI). In the state of Colorado that will save you a few hundred dollars at least as they range from $200 to $500 in fines.

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