A conviction of Driving Under the Influence or DUI (sometimes called DWI) can have severe legal consequences. If you’ve been arrested and charged with a DUI, you may be tempted to deal with the legal consequences on your own. However, an attorney that is well versed in DUI laws and penalties can do many things to help you defend yourself in court and get lower legal penalties for your DUI conviction.
Strategies for DUI defense
There are several things DUI attorneys commonly do to fight your DUI charges and reduce legal DUI penalties. If a DUI lawyer can find that law enforcement did not follow procedure during the arrest or that blood alcohol level tests were faulty, your DUI charges can be dropped. You can also have your charges and penalties reduced by your attorney.
Examine the Arrest Record
Often, experienced DUI attorneys will go over what happened when you were arrested to make sure that law enforcement followed proper procedure and your rights were not violated. If the police did not have reasonable suspicion to stop you or probable cause to test you for alcohol impairment, your DUI lawyer can challenge your charges and possibly get them dismissed.
Question DUI tests
DUI attorneys can also call into question the validity of the tests law enforcement uses to determine if a person is legally impaired. The court also has to prove that your blood alcohol level (BAC) is over the legal limit of 0.08 to convict you for a DUI. However, if the test was faulty or law enforcement didn’t follow correct testing procedures, you can have your charges dismissed or lightened. According to Colorado law, you can get the lesser charge of Driving While Ability Impaired (DWAI) if your BAC is between 0.05 and 0.08. DUI attorneys often help their clients plead down to this lesser charge and avoid stiff penalties.
If you have been charged with a DUI, you should find a lawyer who specializes in DUI as soon as you are released from jail. The key to a good DUI defense is to get legal representation as soon as possible. Experienced DUI attorneys know all the deadlines for filing petitions and other legal paperwork, such as the seven day deadline for an administrative hearing with the Department of Motor Vehicles. If you wait to call a DUI lawyer, you can miss these deadlines.
Philip Smith is a seasoned criminal defense attorney practicing in Denver, Colorado. He has served as a judge and as a deputy district attorney, and understands how to make the legal system work for you. Please visit http://www.philipsmithlaw.com/ for more information on Colorado criminal law and the services Philip Smith provides.
DUI Lawyer in Denver, Colorado – Scientific Evidence