Driving drunk in Denver, Colorado is a very serious offense. If you are pulled over by a police officer for driving erratically or even for something as minor as a broken taillight and he suspects you are intoxicated, you will be asked to take a breath test. If your blood alcohol concentration (BAC) is higher than 0.08, you may be arrested for driving under the influence (DUI).
Why Do You Need a Denver Drunk Driving Attorney?
Even if it is your first DUI offense, you will need a drunk driving accident attorney Denver. Your lawyer can represent you in court and present certain common defenses to the charges against you. You have a much better chance of getting the DUI charge reduced to something like reckless driving or even have it completed eliminated.
What are the Most Common Drunk Driving Defenses?
Your attorney may argue some of the most common defenses for drunk driving in your case. These defenses are as follows:
- Improper Stop: One of the most common defenses in any DUI case is the claim that the police officer who forced you to stop had no probable cause to do so.
- Administration or Accuracy of Portable Breathalyzer Test: Your drunk driving attorney can challenge the administration or accuracy of the breathalyzer test used at the scene when the officer pulled you over. For example, if the officer was not adequately trained in administering the test or if there were other issues such as indigestion or vomiting, the test may not be valid. Your attorney can also bring into question whether the device was properly calibrated or maintained.
- Administration or Accuracy of Field Sobriety Test: If the field sobriety test was inaccurate, your attorney can argue that your arrest was improper. In particular, the horizontal gaze nystagmus (HGN) test, which detects eye movements, is often challenged by the defense.
- Administration or Accuracy of Standard Breathalyzer Test: This defense is similar to that involving a portable breathalyzer test.
- Rising Blood Alcohol Concentration: Another defense your attorney may raise is that your BAC was below the legal limit of 0.08 during the time you were driving but that it increased after the officer made you stop to take the breath test.