Suppressing Evidence: Your Key To Defending Against DUI Charges In Denver

Driving drunk is a mistake that is all too easy to make or to get accused of making – but a DUI conviction of Driving Under the Influence can ruin your life just as easily. This article draws important lessons defending drivers accused of DUIs to help other drivers fight such accusations in the future. 

Keep reading to learn more about: 

• What types of evidence can be challenged to beat a DUI charge in Colorado. 
• How to successfully challenge blood or breath testing results. 
• When challenging the DUI stop or arrest can work – and what to do when it does not. 

How Do You Defend Against A DUI Charge In Denver?

DUI stands for Driving Under the Influence of drugs, alcohol, or both. For you to be convicted of a DUI in Colorado, the prosecution will have to prove that you were driving, that you had such substances in your blood, and that your driving was impaired. 

A good defense attorney can find any number of ways to poke holes in even seemingly airtight DUI charges, starting by looking for ways to challenge any evidence the prosecution might have. 

What Is The Role Of Evidence When Defending Against A DUI Charge?

Evidence is important in any criminal charge. Without it, the prosecution has no case, and you will be presumed innocent. Alternatively, evidence may help you and your lawyer propose an alternative or mitigating scenario that can help you keep your license or business after a DUI. 

There are many categories of evidence, and each requires its own unique strategies and tactics. An experienced attorney will quickly be able to see how any given piece of evidence will help or hinder your case. To that end, it is critical that you and your lawyer obtain all of the evidence in any DUI case and review its significance. 

Finally, knowing how to attack any particular piece of evidence is equally essential, especially in a DUI case where the chips are stacked against you because of scientific testing and strict DUI laws. We will want as much information as we can to try to contest the initial traffic stops and how law enforcement came to obtain any evidence of DUI.

What Is The Role Of Dash Cam And Body Camera Footage In Colorado DUI Cases?

In Colorado, most police officers you encounter will be wearing body cameras on their chests, which they activate at the start of a traffic stop or interaction. Although less common, dash cam footage from patrol vehicles can also be quite helpful in DUI cases.

An officer’s written report can sometimes be inaccurate, whether intentionally or not. Regardless of how it is recorded, police footage can be used to confirm or challenge what happened during a traffic stop, such as whether the officer had a legitimate reason to pull you over.

For example, dash cam footage can clarify whether a driving violation that led to your arrest actually occurred. In some cases, this footage may help your attorney show that no traffic violation took place, meaning the officer had no legal grounds to stop the vehicle.

This is important because chemical evidence, like breath or blood tests, is often difficult to dispute. However, if your attorney can show that the officer’s reason for the stop was invalid, there may be strong grounds to have all evidence gathered after the stop suppressed, which could result in the dismissal of the DUI charge.

Case Study: Dash Cam Dismissal

In a recent Colorado case, dashcam footage played a crucial role in debunking an officer’s exaggerated account of a traffic stop. The officer claimed to have followed the driver for a long time, but the dashcam showed it was less than 300 yards. Worse for the prosecution, the footage revealed no dangerous driving or any clear traffic violation.

Both the dashcam and body camera footage confirmed the officer had no reasonable suspicion that the driver was impaired. Despite this, and encouraged by his partner, the officer asked the driver to step out and perform field sobriety tests, unlawfully extending the traffic stop to investigate for DUI without any valid reason.

Although the driver agreed to the roadside tests—tests that are notoriously hard to pass—the officers quickly concluded that he “failed” and arrested him for DUI. Later, the court ruled that the traffic stop was unjustified, and because the officer had no legal basis to prolong it, all evidence gathered after the stop, including the sobriety tests, was suppressed. This led to the DUI charge being dismissed, as the prosecution no longer had any evidence.

Attorneys Christina and Jim Zorrilla are seasoned Denver DUI defense lawyers who have helped countless drivers successfully navigate DMV hearings, prosecutor negotiations, and courtroom trials to fight against drunk driving convictions. With their in-depth knowledge of evidentiary rules and police procedures, and a strong commitment to defending their clients’ rights, the Zorrillas provide a strategic, unified approach to DUI defense.

DUI is a serious matter. If you or a loved one has been arrested for Driving Under the Influence, contact The Zorrilla Law Firm as soon as possible to schedule an initial consultation.

A Note About Field Sobriety Tests & Contesting Roadside Maneuver Evidence

This case shows why officers often ask drivers to do roadside maneuvers. These tests are subjective, and officers frequently determine that drivers “fail” them. However, challenging the stop and how evidence was collected can lead to that evidence being thrown out, which is often the key to getting charges dismissed.

Suppressing evidence is critical in DUI cases, as it’s one of the best ways to fight the charge. If officers overstep or fail to follow proper procedures, an attorney can challenge the legality of the stop and the evidence, which may lead to a case being dismissed altogether.

What Are Some Ways That Blood Alcohol Concentration (BAC) Testing Can Be Challenged In Court?

While chemical breath or blood tests might seem like strong evidence in a DUI case, there are several ways to challenge their reliability in court.

First, both breath and blood tests must be conducted within a specific timeframe for the results to be admissible in court against you. Therefore, determining the exact timeline of the traffic stop and when the test was administered is crucial in determining whether this requirement was met.

For breath tests, law enforcement is required to regularly maintain and calibrate the equipment to ensure accurate readings. If these procedural requirements are not followed, or if the officer operates the breathalyzer incorrectly, your attorney may be able to challenge the validity of the test results.

To contest the accuracy of a breath test, it’s important to obtain detailed information about the specific device used, including its maintenance records and certifications verifying that it was in proper working condition. Additionally, understanding how the device was used to collect the breath sample is key. 

This may involve questioning the officer or raising the issue at a motion hearing to determine whether they followed the proper procedures to obtain a breath sample when administering the test.

5 Keys To Successfully Handling A DUI Charge In Colorado

If you’ve been charged with a DUI in Colorado, there are several critical steps you should take to protect your rights and build a strong defense.

1. Hire An Attorney

The most important first step is hiring an experienced DUI attorney. DUI laws are complex, and the system is designed to make convictions easier. Trying to handle a DUI case on your own or negotiating without legal representation is risky and rarely successful.

2. Get Involved With Support Programs

Even if you don’t have a drug or alcohol problem, joining a program like Mothers Against Drunk Driving (MADD) or attending AA/NA meetings can work in your favor. Participating in these programs shows the court that you’re taking the situation seriously and helps your attorney present valuable mitigating evidence on your behalf.

3. Stay Sober

It’s crucial to stay completely sober throughout the duration of your case. You may be required to participate in pretrial services, where you’ll need to submit breath or urine samples to prove you’re abstaining from alcohol or drugs. Demonstrating that you can remain clean and sober helps show the court you don’t have an ongoing substance abuse issue, which can positively impact the outcome of your case.

4. Request A DMV Hearing

Make sure to request a DMV hearing as soon as possible, either on your own or through your attorney. There are strict time limits for this, and missing the deadline could result in an automatic suspension of your license. This step is especially important if you refuse a breath or blood test, as refusal can lead to a license revocation. A DMV hearing is also an opportunity to gather evidence that could be useful if your case goes to court.

5. Stay In Touch

Throughout your case, keep in close contact with your attorney and the DMV. Steady communication and consistent follow-through with each of the steps ahead will help you improve your chances of a more favorable outcome in your DUI case, no matter the circumstances. 

For more information on DUI Charges In Colorado, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 951-8004 today.