Driving under the influence (DUI) charges can have severe consequences, both legally and personally. In Denver, like in many jurisdictions, DUI cases often hinge on the results of tests conducted by law enforcement officers.

However, these tests are not infallible, and there are several avenues through which their accuracy can be challenged. Understanding the common challenges and inaccuracies in DUI test results is crucial for every Denver driver facing such charges.

Breathalyzer Tests: Understanding the Limitations

Breathalyzer tests are commonly used by law enforcement officers to measure a driver’s blood alcohol concentration (BAC). While these devices are designed to provide accurate readings, they are not without their limitations.

One common challenge to breathalyzer results is the potential for inaccuracies caused by external factors. Factors such as mouth alcohol from recent consumption of alcohol, residual substances in the mouth, or even certain medical conditions can lead to falsely elevated BAC readings. Additionally, improper calibration or maintenance of the breathalyzer device can also compromise the accuracy of the results.

Field Sobriety Tests: Assessing Reliability

Field sobriety tests are another tool used by law enforcement officers to assess a driver’s level of impairment. These tests typically involve tasks such as walking in a straight line, standing on one leg, or following a moving object with the eyes.

While field sobriety tests are intended to gauge a driver’s coordination and cognitive abilities, they are subjective by nature and rely heavily on the officer’s interpretation. Factors such as nervousness, fatigue, or physical limitations can affect a driver’s performance on these tests, leading to false indicators of impairment.

Challenging Test Results in Court

When facing DUI charges based on test results, it is essential for Denver drivers to understand their rights and options for challenging these results in court. It’s important to contact an experienced criminal defense lawyer who can help navigate the complexities of DUI cases and identify potential weaknesses in the prosecution’s evidence.

Challenges to DUI test results may involve questioning the reliability of the testing equipment or the procedures followed by law enforcement officers. This could include obtaining records of the breathalyzer’s calibration history or challenging the officer’s administration of field sobriety tests.

Additionally, expert witnesses may be called upon to testify regarding the limitations and potential inaccuracies of DUI testing methods. These experts can provide valuable insights into the scientific principles behind BAC measurement and field sobriety testing, helping to cast doubt on the prosecution’s case.

The Importance Of Legal Representation & Strategy

Building a strong defense against DUI charges requires careful examination of the evidence and strategic planning. In many cases, challenging the accuracy of test results is just one aspect of a comprehensive defense strategy.

A skilled criminal defense lawyer will also explore other potential avenues for defense, such as challenging the legality of the traffic stop or questioning the reliability of witness testimony. Additionally, mitigating factors such as lack of prior offenses or evidence of responsible behavior may be used to negotiate plea agreements or secure reduced charges.

Building A Defense Against Denver DUI Charges

Facing DUI charges can be a daunting experience, but understanding the nuances of DUI test results and the potential challenges they present is essential for every Denver driver. By working with an experienced criminal defense lawyer and exploring all available options for defense, individuals charged with DUI can increase their chances of achieving a favorable outcome in court.

Whether challenging the accuracy of breathalyzer results or questioning the reliability of field sobriety tests, a proactive approach to defense is key to protecting one’s rights and future.

About the Author:

Kimberly Diego is a criminal defense attorney in Denver practicing at The Law Office of Kimberly Diego. She obtained her undergraduate degree from Georgetown University and her law degree at the University of Colorado. She was named one of Super Lawyers’ “Rising Stars of 2012 & 2019-2022” and a “Top 100 Trial Lawyers in Colorado” for 2012-2022 by The National Trial Lawyers. Both honors are limited to a small percentage of practicing attorneys in each state.  Additionally, Expertise names her to its lists of the 25 Best Denver DUI Lawyers and 21 Best Denver Criminal Defense Lawyers, both in 2020-2022. Ms. Diego has also been recognized for her work in domestic violence cases.