Can A DUI Case Be Dismissed In Colorado?

DUI Case Dismissed In Colorado – True!

In any legal jurisdiction, including Colorado, the burden of proof rests with the prosecution. They must demonstrate beyond a reasonable doubt that a defendant is guilty of the charges. And if that “reasonable doubt” argument is not achieved, there is a very good possibility we can get charges reduced or even dropped altogether!

For a DUI case, this typically involves proving that the defendant was operating a motor vehicle under the influence of alcohol, drugs, or a combination of substances that impair the ability to drive.

Several factors might undermine the prosecution’s case, leading to the possibility of dismissal, and we can use our years of experience defending Colorado Springs DUI charges to help you.

Improper Stop

One of the most common defenses against DUI charges is to assert that the initial traffic stop was unlawful. According to the U.S. Constitution, law enforcement needs a reasonable suspicion of illegal activity to stop a vehicle. If a defense attorney can prove that the initial stop was not justified, then all evidence gathered subsequent to the stop may be deemed inadmissible in court.

Inaccurate Field Sobriety Test

Field sobriety tests are not always 100% reliable and can be influenced by a variety of factors such as medical conditions, road conditions, or even the footwear of the individual being tested. Inconsistencies or issues related to the administration of these tests can be grounds for dismissal.

Inadmissible Breathalyzer/Blood Test Results

In Colorado, as in many states, the administration of breath (breathalyzer) or blood tests must follow strict protocols. The machine used for the test must be properly calibrated and maintained, and the officer administering the test must be certified to do so. Failing to adhere to these procedures can result in the test results being declared inadmissible.

Chain of Custody Issues

If there are discrepancies or gaps in the chain of custody for blood samples or other evidence, the defense may argue that the evidence has been compromised and should not be admitted.

Violation of Constitutional Rights

Any infringement on constitutional rights, such as not being read the Miranda warnings or being subjected to an illegal search, could result in evidence being thrown out, thereby weakening the prosecution’s case.

Lack of Evidence

Sometimes, the prosecution may not have sufficient evidence to prove that the individual was driving under the influence. Lack of evidence can result from the absence of eyewitnesses, poor-quality video footage, or an insufficiently low level of intoxication that does not meet legal thresholds.

Prosecutorial Discretion and Plea Bargains

While not a dismissal, in some cases, the prosecution may offer a plea bargain to a lesser charge, such as “wet reckless,” which is a reckless driving charge involving alcohol but carries fewer penalties than a DUI.

Technical Errors in Documentation or Procedure

Any discrepancies or errors in the arrest report, paperwork, or other administrative processes can also be grounds for dismissal.

A capable criminal defense attorney will examine all these factors carefully to determine the best strategy for defending against a DUI charge.

Given that DUI convictions can result in significant fines, loss of driving privileges, and even imprisonment, it is critical to understand all the available legal options.


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