More than 80 percent of individuals in DUI cases in Colorado are found guilty, while nearly 10 percent are dismissed and less than one percent are found not guilty. It is important to note that speeding is not a symptom of DUI; due to faster judgment and reflexes, it may indicate sobriety. In Colorado, there is no right to an attorney until you have undergone (or refused) blood, breath, or urine tests. In some states, there is a right to consult with an attorney when you are arrested or before deciding whether to undergo chemical testing, but this is not the case in Colorado.
When it comes to field sobriety tests (FST), the officer will offer three to five of these “tests” but is not legally obliged to perform any FST. There is NO penalty for refusing tests. This field sobriety test has proven to be subject to a number of different problems, most notably the ability of the non-medically trained officer to recognize nystagmus and estimate the angle of onset. The consequences of refusing to undergo a blood or breath test in Colorado are serious: loss of your driver's license for at least one year with NO EXCEPTIONS.
It is almost never advisable to refuse the blood or breath test. The agent is supposed to give a Fifth Amendment warning after arresting him. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. You can represent yourself even if it's not a good idea.
There is a minefield of complicated procedural, evidentiary, constitutional, sentencing and administrative licensing issues. What can a lawyer do? Nothing (or worse) if you are not qualified in this highly specialized field, no more than a family doctor could help with brain surgery. However, a qualified lawyer can review the case for defects, suppress evidence, force the discovery of things such as calibration and maintenance records of the breathing machine, have blood samples analyzed independently, negotiate for a lesser charge or reduced sentence, obtain witnesses experts for the trial, challenging the suspension of administrative leave, etc. The most common reason a DUI case is dismissed is because of probable cause errors.
If the agent did not have probable cause to stop your vehicle, then he had no probable cause to perform a breathalyzer or stop it, or even arrest you. Therefore, the evidence collected will be dismissed, and probably so will the charges. A first offense may involve a fine, a license suspension or restriction, attendance at a DUI education course for a period of time, and probation for perhaps one or two years.If you lose at the hearing, your license will be revoked immediately for nine months if it is your first DUI offense per se and you underwent a blood or breath test. Therefore, it is essential that anyone charged with a DUI offense have an experienced local defense attorney and DUI expert examine the details of their arrest who will know how to find the best ways to fight to beat an OC.A trusted local CO DUI lawyer can also help you find out if you can file a misdemeanor statement instead of a DUI depending on the circumstances of your own DUI arrest.
Also, depending on the circumstances of your own DUI arrest, you can find out what to do in how to find ways to fight to avoid DUI, Colorado's harsh DUI penalties and fighting today to overcome a DUI drunk driving conviction.When you finally decide to hire a DUI lawyer to fight your way through DUI charges in Colorado, most will offer you a flat rate and give you peace of mind that you know exactly what they will be charging. An ignition interlock requirement is one of the worst consequences of DUI that a driver in Colorado will face if convicted of the crime. In addition to a license suspension hearing, you'll also need to address your Colorado DUI charges in criminal court.However, this is where DUI laws in Colorado can get complicated and you need an expert CO DUI lawyer to challenge all aspects of the evidence collected. If you were charged with DUI or DWAI for actual impairment (rather than your BAC level), it is not enough for the prosecution to prove that you drank alcohol or used drugs.You can rest assured that you are receiving the highest level of legal representation, advice and guidance when you consult with a Denver DUI lawyer who can effectively defend you.
There is no definitive answer as to whether your DUI charges can be reduced or dismissed without talking directly to an experienced Colorado DUI lawyer about the facts of your case.The best step you can take to help get your DUI dismissed is to contact an experienced DUI lawyer in Colorado. Depending on the type or methods the tests were performed and their accuracy, an experienced Colorado DUI lawyer can discuss all your options and strategies on how to challenge the accuracy of the evidence and possibly have the results suppressed in court.However, if you have multiple previous DUI (DWAI) convictions, it may be necessary for you weigh up the likelihood of a high blood alcohol reading before deciding how best to proceed.