Grounds for Dismissal of a DUI Charge in Colorado

If you are charged with a DUI in Colorado, you may be able to have your case dismissed based on errors related to DUI laws in Colorado. 

There are also plenty of myths surrounding these types of situations — that’s why it’s important to have a DUI defense lawyer on your side. 

In this article, our DUI attorneys in Colorado will explain a few ways that your DUI case could possibly get dismissed.

  • Errors With Probable Cause

In order to stop your vehicle, an officer needs to present probable cause. If they don’t have a reason behind performing a breathalyzer, arresting, or detaining you, the evidence collected could be dismissed along with the charges.

  • Testing Issues

Breathalyzer tests aren’t always the most reliable. They are susceptible to errors, faulty responses to people with GERD, reflux, or other physiological conditions, instrument failure, or failure to observe you for 15 minutes prior to the actual testing. If there is evidence that the device used during your test was faulty or used incorrectly, your charges could be dismissed.

  • Police Misconduct

If your DUI arrest occurred at a sobriety checkpoint, it’s likely that a DUI defense lawyer will be able to contest it. Such a likelihood increases if the officer who administered the test failed to follow the rules and guidelines for such a checkpoint.

  • Field Sobriety Test Errors

When it comes to sobriety tests administered in Colorado, there isn’t just one — there are a few — and each test must be administered within specific guidelines stated by the National Highway Traffic Safety Administration.

In many cases, law enforcement officers fail to take into account someone’s fatigue when they take a sobriety test, as fatigue is an important factor — especially in the middle of the night. 

They also tend to overlook medical conditions, weather conditions, and the structure of the pavement, though they should take all of those details into account. 

When a law enforcement officer fails to comply with the guidelines set by the NHTSA, a criminal defense attorney in Colorado has the opportunity to challenge the DUI charges by claiming that the test results were unreliable. 

Your DUI Case

While we understand that Colorado DUI penalties can be scary, charges will not automatically be dropped — even if you know for a fact that the officer made mistakes in your case. 

To get your charges dismissed, you need COLaw Team on your side. Get in touch with us today, and we’ll provide the representation you deserve.