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Being arrested for driving under the influence can turn life upside down. You may be worried about keeping your license, protecting your job, and how to limit the effect on your record. Common DUI defenses in Denver often begin with simple questions: Was the stop valid? Were the tests given correctly? Is the evidence reliable?
A DUI lawyer from Petrash Law can review reports, video, and testing data to identify weak points. Private representation could also help you manage court dates and DMV hearings that often decide whether you retain the right to drive. No one can predict the outcome, but clear advice and careful preparation give you a stronger path forward.
Colorado law requires that officers have a lawful basis to pull a driver over. If the reason for a stop is unclear or if the detention goes on too long, evidence can be challenged. This evidence may include the following.
Field sobriety tests are voluntary, yet many people are not told that. Denver weather, uneven pavement, or medical conditions may also make these tests hard to complete properly, and thus often a valid argument for a DUI defense.
Breath testing machines need routine checks and proper calibration to ensure their readings are accurate. Service logs and operator training records may also show errors that affect results.
Blood tests raise different concerns, including whether the sample was handled correctly or the lab followed standard procedures. Medical conditions such as gastroesophageal reflux disease (GERD), diabetes, or recent dental work can also influence readings. In some cases, a rising blood alcohol defense applies. That means alcohol levels increase between the time of driving and the time of testing.
Attorneys also look closely at statements made during arrest, since questioning after custody requires proper guidance. These defenses keep the focus on the strength of the evidence, not assumptions.
Colorado’s DUI laws appear in Colorado Revised Statutes § 42-4-1301, and indicate that a blood alcohol content of 0.08 or higher is considered a DUI, while driving while ability impaired (DWAI) can be charged starting around 0.05. The state’s express consent law requires a choice between a breath or blood test after probable cause. Officers must explain rights and follow procedure, including allowing independent testing.
Repeat offenses also carry higher penalties, with a fourth DUI being treated as a felony. Administrative hearings also matter. If a driver fails a breath test or refuses testing, they often have only a short window to request a DMV hearing. Missing that deadline can result in an automatic license revocation.
The court follows its own procedures for scheduling and motions. Early review and intervention from a skilled attorney could help with negotiations or preparing for a Denver trial with a strong DUI defense. They could use motions, expert testimony, and body-cam footage to test the strength of the prosecution’s case.
You do not need to face a DUI charge alone. Speaking with a lawyer about common DUI defenses in Denver can help you understand the evidence and choose a strategy that fits your situation. If you are ready to move forward, call Petrash Law for a confidential consultation. Careful review of your stop, the testing process, and court deadlines could help you take the next step with confidence.