Being charged with DUI can be a life-altering event, with severe consequences that can impact your personal and professional life. While breathalyzers are often seen as the primary source of evidence in DUI cases, there are numerous other factors that can be challenged in court. Today, we will explore the various strategies for challenging DUI charges and protecting your rights, providing you with tangible and useful tips to navigate this complex legal process.
1. Understanding the Limitations of Breathalyzer Tests
Although breathalyzers are commonly used to measure blood alcohol content (BAC), they are not infallible. There are several factors that can lead to inaccurate results, such as:
- Improper calibration or maintenance of the device
- Improper administration of the breath test
- Environmental factors, such as temperature and humidity
- Medical conditions, such as GERD or diabetes, which can produce false positives
By understanding the limitations of breathalyzer tests, you can work with your attorney to challenge the accuracy of the results and potentially have the evidence dismissed. Colorado DUI laws allow for the possibility of challenging breathalyzer results, so it's crucial to explore this avenue with your legal counsel.
2. Evaluating the Legality of the Traffic Stop
In order for a DUI charge to be valid, the initial traffic stop must be legal. Law enforcement officers must have probable cause or reasonable suspicion to pull you over, such as observing erratic driving behavior or a traffic violation. If the officer cannot provide a valid reason for the stop, the evidence obtained during the stop may be deemed inadmissible in court.
Working with an experienced attorney, you can assess the legality of the traffic stop and potentially have the charges dismissed if the stop was found to be unlawful. The National Highway Traffic Safety Administration (NHTSA) provides guidelines on what constitutes reasonable suspicion, which can be a valuable resource in challenging the legality of the stop.
3. Challenging the Reliability of Field Sobriety Tests
Field sobriety tests (FSTs) are often used by law enforcement officers to determine if a driver is impaired. These tests can include the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. However, FSTs are not always reliable indicators of impairment, as they can be influenced by factors such as:
- Physical disabilities or injuries
- Nervousness or anxiety
- Poor weather or road conditions
- Improper instructions
By challenging the reliability of FSTs, you may be able to cast doubt on the evidence against you and potentially have the charges reduced or dismissed.
4. Assessing the Admissibility of Chemical Test Results
In addition to breathalyzer tests, blood and urine tests can be used to measure BAC. However, these tests are subject to strict procedures and protocols, and any deviation from these guidelines may result in the test results being deemed inadmissible in court. Some factors that can impact the admissibility of chemical test results include:
- Improper handling or storage of samples
- Contamination of samples
- Expired or improperly calibrated testing equipment
By working with your attorney to assess the admissibility of chemical test results, you can potentially challenge the evidence against you and improve your chances of a favorable outcome.
5. Enlisting the Help of an Experienced DUI Attorney
Navigating the complexities of DUI charges can be overwhelming, but you don't have to face this challenge alone. At Petrash Law, we are committed to providing our clients with the guidance and support they need during this difficult time. With our experience and dedication to protecting your rights, we will work tirelessly to build a strong defense on your behalf and help you achieve the best possible outcome in your case. Contact us today to schedule a consultation and take the first step towards regaining control of your life.