September 28, 2023
It is a common misconception among drivers that they can only be charged with a DUI if they were driving drunk.
In fact, a DUI charge—that is, a “driving under the influence” charge—can come as a result of a wide range of scenarios, and a person can be charged with driving drugs and prescription medications under the influence of a number of different substances, including drugs and prescription medications, in addition to alcohol. These are special charges labeled DUIDs.
A DUI charge also does not necessarily mean that your blood alcohol level was above .08. While a BAC of .08 or above is always grounds for a DUI charge, you can also be charged with a DUI simply for being deemed “substantially incapable” of operating a vehicle.
But while it’s important for motorists to know that it may be easier than you think to earn a DUI charge, it is also vital that you are aware of the many different ways that you can get these charges dismissed if you have a knowledgeable DUI attorney on your side.
Facing a DUI?
DUI charges come with some extremely serious consequences in Colorado, especially for repeat offenders or individuals with criminal records. These consequences include jail time, hefty fines, and the suspension or revocation of your license.
Luckily, though, a DUI charge does not always mean a DUI conviction. Depending on the circumstances of your case, a knowledgeable lawyer may be able to put together a strong defense to help get your DUI charges dropped. Some possible grounds for dismissing a DUI case include:
- Officer error. Though many people consider police officers to be infallible, the fact is that they make mistakes just like everybody else. If there was an error somewhere in your arrest details, this could be grounds for dismissal.
- The infringement of your rights. Before a DUI charge can be issued, a police officer has to pull you over and determine that you appear to be inebriated. But in order for an officer to pull you over in the first place, there must be probable cause that you are doing something wrong; then, the officer must develop reasonable suspicion that you are driving under the influence. If an officer failed to do follow the proper legal procedure, a case may be made that your rights were infringed upon.
- Insufficient proof. If your case goes to court, the prosecution will rely heavily on evidence gathered at the scene of the crime. Often, roadside sobriety tests are not completely accurate, and if a lawyer can prove that the evidence is inadequate, a judge may have no choice but to dismiss your case.
- Problems at the checkpoint. Searches and checks that occur at checkpoints can sometimes be unlawful for a number of reasons, often because officers have infringed on a person’s Fourth Amendment right against unwarranted search and seizure. If the checkpoint practices that resulted in your arrest were illegal, your case may be dismissed.
Each DUI case is different, and your case may come with its own unique set of parts that could serve as grounds for dismissal during a trial. An experienced attorney will be able to dissect the details of your case and find potential weak points in the charges, which may wind up either lessening the penalties of your crime or getting the charges dismissed completely.
Fight Back Against Unfair Charges
To keep the roads safer for all Colorado citizens, it’s best for drivers to avoid DUIs entirely by not driving while impaired. Of course, accidents are not always avoidable, no matter how hard we try.
If you find yourself facing unfair DUI charges, make sure to equip yourself with a practiced and skilled attorney. Call the law office of Jacob Martinez to start building your defense today.
About the Author:
Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Mr. Martinez has been designated a Top 100 Trial Lawyer by the National Trial Lawyers and has been awarded both the Avvo Client’s Choice Award and Avvo Top Attorney designation, evidencing his reputation for his exemplary criminal and DUI defense work and high moral standards.