How to Beat a Drunk Driving Charge in Colorado
If you have been issued a ticket for Driving under the influence (DUI) or Driving While Ability Impaired (DWAI), you need to educate yourself on the possible ways to beat a Colorado DUI charge in court. Every case is different, and depending on the facts of your case, there may be a way to beat your case entirely.
For example, the police must have had a valid reason to stop you or contact you in the first place. If they did not, the DUI case is going nowhere. Police are not allowed to just stop any car driving down the road. They must have a legitimate reason to pull you over or to contact you.
It is also possible to get the chemical test thrown out of court. Then the prosecutor is left with no test results to use against you and a big hole in his evidence. Breathalyzers have a strict set of operation rules, and the operator of the Breathalyzer may invalidate the test by not following the rules. In addition, the Breathalyzer must be properly maintained and operating correctly.
The chemical test of your blood also must follow the proper procedures and protocol to be a legally valid test. If you take a blood test, you should always retest the second sample. Sometimes the retest will come back with a lower BAC result that may improve your case. In some instances it may even come back under the legal limit.
Lack of jurisdiction is another way to beat your DUI case. Jurisdiction means the geographic area a police officer is allowed to patrol and conduct police activities. You should always check to verify that the police officer who ticketed you had jurisdiction where you were contacted. If he lacked jurisdiction, you may be able to beat your DUI.
In many instances, there are certain hearings like the DMV or other court hearings, where police officers need to be physically present to provide testimony in your case. In many cases, no officer means no DUI. Yes, it may seem like a strange technicality, but this strategy may be the right one in your case.
So, how do you take advantage of these strategies, or various other ways to beat a Colorado DUI? First, hire an experienced, local attorney. You need someone who knows everything about drunk driving cases. You also want to hire a lawyer who practices exclusively in the geographical area where you got your ticket. A good local attorney knows the Judges, DA’s, and most importantly the little tricks of the trade in that specific city that will help you get the best results possible.
Don’t hire a lawyer who makes promises or guarantees. An attorney that makes guarantees about results is just trying to get your money by telling you what you want to hear when he has no way of knowing what will happen to your case without first looking at all the police reports, the chemical test reports, negotiating with the prosecutor, etc.
Last, but not least, make sure you have an attorney, even if you have to get the public defender. Do not try to represent yourself, or you will have a fool for a client.
Have you been accused of a crime? Many people who have been charged with a crime are left pondering what they should do, and what is going to happen to them. You may be concerned about how these charges will affect your life, your career, and your freedom. You need a skilled Colorado Springs lawyer who will fight for your rights and your freedom. Before you hire a Colorado Springs DUI lawyer do your research.
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The term, "aggravated" is a legal term meaning that there were other circumstances that increased the seriousness of an offense, and will affect the severity of the penalty accordingly.
Aggravated DUI could involve an accident, having children in the car, road rage, evading police, some sort of contraband in the car, use of the car in committing a crime, etc. It really could be almost anything.
In the best layman's terms that I can come up with, think of it like the judge was their parent and you were telling on the defendant. Aggravating circumstances are any other things that you would tell the mom or dad that would make the punishment more severe, like, "…and then he lied about it when he got caught."
Almost all of the answers listed here are more or less on the right track. I just wanted you to know that "aggravated" is a generic legal term for, "and other stuff made it even worse". It doesn't mean any one thing. That's why all of the answers are different.