Can a DUI Charge Be Dismissed?
If you’re arrested and charged with a DUI in Colorado Springs, it’s natural to want to know how to beat the charges and have them dismissed. Going to court is often scary and overwhelming, and the consequences can be devastating. That’s why you need the legal representation of aggressive criminal defense lawyers in Colorado Springs.
They know how the criminal system works and can put their skills and knowledge to work to have the charges dropped. One strategy they use is poking holes in the law enforcers’ reports. With an experienced lawyer by your side, the chances of getting a favorable outcome in the case are high. Here are common police mistakes that could get your DUI charge dismissed.
1. DUI Checkpoint Mistakes
The police often set up sobriety checkpoints on weekends and holidays to discourage drunk driving and identify drivers under the influence. The sobriety checkpoints have strict rules the police must follow during a checkpoint stop. The checkpoints must also be publicized in advance and be in safe areas.
As a driver, you have the right to adequate warning as you approach a checkpoint. Violation of multiple guidelines by the police is deemed unconstitutional, and your Colorado Springs DUI lawyer can help you create a strong defense based on these violations. A few police errors they could point out to get your DUI charge dismissed are:
- Unsafe procedures that lead to a traffic hazard
- Failure to have a drug recognition expert (DRE) at the checkpoint
- Biased process for stopping vehicles
- Inadequate staffing or supervision at the checkpoint
- Not publicizing the checkpoints in advance
2. Not Demonstrating Sufficient Reasonable Suspicion to Stop You
A police officer must have reasonable suspicion of DUI to stop you. That means they must be able to point to articulate facts for suspecting you’re violating the law by driving under the influence. Reasonable suspicion is a less standard of arresting you than probable cause because the detention is minimal at first.
In their report, the police officer must state the reason for stopping you in relation to their reasonable suspicion of a DUI offense. Such reasons are:
- You were speeding
- You failed to make a complete stop at a stop sign
- You unlawfully or dangerously changed lanes
- You were sleeping at the side of the road
- The police officer observed you weaving in and out of a traffic lane
- You violated any other vehicle code
However, if the police state that they stopped you based on a feeling or hunch, that would be grounds for excluding all evidence obtained in what would be an illegal stop. If the officer didn’t follow the specific protocol to determine if you may have been under the influence, your lawyers could fight to dismiss the charges.
3. Poorly Writing the Police Report
The police report is the backbone of your DUI charge, laying the foundation for a criminal case. As legal documents, they should be free of errors that could see criminal cases dismissed. Your DUI lawyers in Colorado Springs can check the report for inaccuracies or flaws that could adversely affect your DUI case, such as the following:
- Grammar, spelling, and punctuation errors
- Using jargon that paves the way for confusion, ambiguity, and complications in a criminal case
- Writing in passive voice while active voice is the preferred writing style in police reports
- Leaving out the results of the investigation
- Writing vaguely and not reporting every detail of the incident for a comprehensive report
- Making assumptions and hence a biased report
- Factual inaccuracies on the police report, such as incorrect license plate number, time, names, or driver’s license number
Colorado Springs DUI attorneys can challenge the validity of a report and the integrity of the law enforcement officer based on these mistakes to help you get the charges dismissed.
4. Breathalyzer Test Mistakes
Your DUI lawyers in Colorado Springs may also question the validity of your BAC test results. Several things could go wrong with the testing, such as faulty equipment and readings. While the equipment produces an error rate of between 0.005 and 0.02%, police officers sometimes make mistakes in administering breathalyzer tools.
In Colorado, police officers measure the amount of alcohol in your blood and multiply it by a partition ratio to estimate your actual blood alcohol content (BAC). So, it’s crucial to take a BAC test when required by the police.
A mistake could arise if the yielded results are inconsistent with your BAC, resulting in the test being removed from consideration and the charge being dismissed.
5. Incorrect Administration of Field Sobriety Tests
When drivers are pulled over for a traffic violation, and the officer suspects a DUI case, they often request the drivers to perform field sobriety tests. Three tests standardized by the National Highway Traffic Safety Administration to demonstrate the driver’s coordination ability are the following:
- Walk and turn
- One leg stand
- Horizontal gaze nystagmus
If these tests are not administered correctly, they could be grounds for having the DUI charge dismissed. Besides, your lawyer criminal defense attorney in Colorado Springs could argue that the officer had no way of knowing how you would have performed in different circumstances, even if sober. Besides, the tests are not always reliable indicators of impairment.
Seek Professional Help to fight DUI Charges in Colorado
Being charged with a DUI offense can have severe implications upon a conviction. The best way to get the charge dismissed would be to work with skilled and aggressive DUI attorneys in Colorado Springs. They can evaluate the procedures the police used during the arrest to identify errors that weaken the charge against you to have it dismissed.
Our law firm has experienced DUI lawyers that work hard to make a difference for clients charged with a DUI in Colorado. Having worked as a prosecutor before, our founding attorney knows how to navigate prosecutors’ strategies in criminal cases. Don’t let a DUI charge ruin your future. Contact us for an in-depth case assessment for a winning defense strategy.