February 2, 2023
Recently, in Douglas County court, Denver DUI attorney Jacob E. Martinez secured a non-alcohol-related plea in a DUI case where the client had a BAC of .11. Normally, in a case with such a BAC, the Douglas County District Attorney extends a Driving While Ability Impaired (DWAI) offer. Such an offer carries with it an eight point driver’s license assessment and county court consequences such as probation and community service. However, Mr. Martinez identified a vulnerability in the prosecution’s case. In Colorado, when a breathalyzer is the basis for the BAC result in a DUI case, the defendant needs to be continuously monitored by police for twenty minutes prior to the test’s administration. However, Mr. Martinez discovered that the officer in this case failed to do so. As a result, because of Mr. Martinez’s skill and tenacity, the client can move forward in life without the scar of an alcohol-related driving conviction.