When people are charged with DUIs in Colorado, they can feel like there’s no hope. After all, the laws regarding DUIs in Colorado are quite complex. Without an understanding of the law, it can all seem pretty daunting.
There are so many variables at play in a drunk driving case that the charges and penalties greatly differ, as well. It’s important to understand what you are being charged with so that you can, with the help of your attorney, formulate a solid defense strategy.
There are so many ways to defend yourself against a DUI charge in Colorado. Here is what you need to know to win your DUI case.
What Is a DUI in Colorado?
It is illegal to operate a motor vehicle when under the influence of drugs and/or alcohol in Colorado, even if your blood alcohol content is under the legal level. If you’re driving impaired, then you are breaking the law.
The penalties for a DUI in Colorado range from misdemeanor charges – which will result in only a few days in jail, completing some community service, and paying fines – all the way to charges that can land you in jail for up to one year and possibly result in a license suspension. The circumstances of each case are different, but there are solid ways to provide a good defense.
Good Ways to Win Your DUI Case
There are a few things that can be examined as a part of your case which can help contribute to your defense. An experienced attorney may find these avenues useful for your defense:
Issues Regarding Your Traffic Stop
How and why the police pulled you over for your DUI may be the first step to defeating those charges. The police have to have some sort of lawful and valid reason to pull you over, i.e. You were speeding or ran a red light.
On top of that, simply being pulled over doesn’t give police the right to demand you take a breath test for alcohol. They must have a reasonable suspicion that you are impaired in order to do so.
If there was anything that seemed illegitimate about your stop, then it can be used for your defense in court.
Your Rights Were Violated
No matter the circumstances, you are afforded rights under the Constitution. If your rights are violated in any way during the stop or arrest, then you may have grounds to ask for the case against you to be dismissed. This can also apply to any of the evidence collected as a result of those violations. You may ask for it to be thrown out of court.
If, for example, you didn’t have your Miranda Rights read to you, then any statements you made that were incriminating can’t be used against you. Make sure to talk to your attorney about exactly what transpired during the run-in with police that led to your arrest.
Win Your DUI Case
If you are convicted of a DUI in Colorado, it can impact you for the rest of your life. The costs, classes you may have to take, loss of a license or vehicle, and even just time in jail are things that everyone wants to avoid. With an experienced attorney on your side, you can put your best defense forward and hopefully win your Colorado DUI case – and be set free.
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” and a “Top 100 Trial Lawyers in Colorado” for 2012-2020 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. Ms. Diego has also been recognized for her work in domestic violence cases.
