Not everybody arrested for DUI, DUI-D, or DWAI was intoxicated or impaired.
We have the expertise to prevent wrongful convictions for DUI.
Attorney Brian Close handles many types of criminal cases, but DUI is different in many ways than other charges facing his clients. DUI cases have their own defense strategy involving analyzing scientific data such as breath and blood alcohol tests, as well as the more subjective evidence. DUI penalties have been increasing over the years, and can lead to mandatory jail time even for a first offense. If you are convicted, ignition interlock, DUI classes, and probation are often required to stay out of jail.
- DUI representation from arrest through trial.
- Additional services such as hearings on license revocation, vehicle seizure, and appeals can also be arranged.
- Call 720-441-4878 for a free consultation and quote.
The first step in the analysis of the case is to find out why the officer pulled the client over. We look at whether there was a valid reason for the officer to stop the vehicle, or whether it was for an improper purpose.
States can offer more protection against traffic stops and warrantless searches than the U.S. Constitution. We will examine the reasons that led to you being stopped by the officer. In some cases, the officer does not have reasonable suspicion of a crime that would allow him or her to stop you. Other times, the officer had an ulterior motive that can invalidate the stop. In these cases, the entire case may be dismissed for lack of admissible evidence.
Field Sobriety Tests
Once the officer has taken the driver out of the car, he or she asks the driver to perform Standardized Field Sobriety Tests. These tests were created to look for signs of impairment. The way these tests are done, and errors introduced by the officer, can sometimes make a driver look impaired unless the lawyer can show the jury the reasons for the poor performance.
If officers are routinely ignoring their procedures for recording the DUI encounter, attacking these field tests can be even more important in getting the case dismissed for a lack of probable cause or to show the jury that driving was not impaired.
Probable Cause to Arrest
If the performance on the field tests was not bad, and there were few other signs of driving while intoxicated, officers are not lawfully permitted to arrest you, as they are lacking probable cause to make the arrest. In this case, everything after the unlawful arrest may be suppressed, which often leads to the case being dropped.
Breath and Blood Test Results
Once the officer makes an arrest, the client is taken down to a substation for breath or blood tests. In some cases involving injuries, this takes place at the hospital. The officer can decide whether breath or blood will be taken.
When there are breath or blood alcohol levels in evidence, the attorney must know the science behind taking those samples, and the known errors in the process of establishing a blood alcohol Level. Various factors can affect the machine. The ability to attack the machine’s findings may depend on how much over the legal limit the score was. It may be easier to attack, for example, if a person blows a .081 rather than a much higher score.
If the client does not agree to testing, the prosecutor can argue that the client knew they were intoxicated. But many times there were other reasons for not blowing into the machine. When there are no test results, the attorney must explain why the client chose not to give a sample. Perhaps the client does not trust the science, or the officer was acting in a manner where the client simply shut down and refused any further assistance. Whatever the reason is, it must be brought out and presented to the judge or jury.
When all negotiations have failed, the case will be headed to trial. Usually, prosecutors will not dismiss or plea down a DUI to any other charge, because of restrictions in the law or their policies. If your case does go to trial, your attorney must be skilled at trial strategy, knowing when to object and when to remain quiet, how to present witnesses who have helpful facts, and many other skills that go along with putting on a trial defense.
When your legal record and your future are on the line, you want a skilled DUI defense attorney fighting for you. Brian Close has helped many clients present their defenses to these charges, and has had numerous successful DUI, DUI-D, and DWAI trials and negotiated resolutions.
Call Brian Close at 720-441-4878 to discuss your case. I look forward to talking with you.