A recent study revealed that courts dismiss approximately 10 percent of DUI charges. Getting your DUI case thrown out is possible.
Peakstone Law Group, LLC is ready to help you face a DUI charge in Colorado Springs or the surrounding areas. One of our primary defense strategies is examining DUI police procedures and seeing whether any missteps could lead to a dismissal of the charges.
If you believe the police made a mistake while charging you with DUI, contact us today for a free and confidential consultation. We are available 24/7.
Common Mistakes That Police Make During a DUI Arrest
Reviewing police conduct during the arrest is often the first step with a new DUI case. Each case is different and demands thorough assessment. These common mistakes could result in the dismissal of your charges and end your ordeal.
Checkpoint Errors
There is a good reason checkpoints underwent Supreme Court scrutiny. While the Court upheld checkpoints, it also required police to:
- Publicize checkpoints in advance
- Adequately staff and supervise them
- Have an unbiased procedure for checking vehicles
- Keep drug recognition experts on site
- Avoid traffic hazards
- Give drivers warnings that one is ahead
Usually, a checkpoint must fail more than one of these requirements before a court will dismiss the charges. For example, the police department may inform the public of the checkpoint but never post signs indicating one is ahead. That alone might not lead to dismissal. However, if a checkpoint is unannounced, causes a traffic hazard, and does not have a drug recognition expert, there is a good chance it could be declared unconstitutional.
No Probable Cause
Police cannot pull you over just because they feel like it. They must have reasonable suspicion of a traffic infraction or DUI. For example, if you are speeding and weaving through traffic, they can stop you.
However, if there was nothing suspicious about your driving and no reason to suspect DUI, your arrest might be illegal. A judge can rule that any evidence collected after the arrest is inadmissible under those circumstances. That ruling can convince a prosecutor to drop charges or offer a generous plea bargain.
Testing Mistakes
Police perform tests to check for impairment. These may often include field sobriety, breathalyzer, and blood tests. Not all of these tests are accurate 100% of the time.
Breathalyzers need correct calibration to function correctly. They are sensitive instruments, and in the wrong conditions, they produce inflated results. In some cases, they showed blood alcohol concentration levels up to 40 percent higher than the actual results.
Diet and health conditions also have an impact. For example, the popular keto diet increases acetone on the breath, registering as a blood alcohol concentration on a breathalyzer. Acid reflux and diabetes can have similar effects on these tests.
Field sobriety tests do not perform any better. People can fail them for reasons other than impairment. Age, anxiety, uneven surfaces, and foot conditions are a few reasons for poor performance.
Sometimes, the police take a blood sample for further testing. Mishandling the sample can produce inaccurate test results. Also, the sample may indicate results that are inconsistent with breathalyzer tests. Conflicting evidence like this often helps get DUI charges dismissed.
Report Errors
Police report errors can call the arrest into question. Mistakes about the make and model of your vehicle or which street the traffic stop occurred on can make DUI charges appear doubtful.
Other Health Conditions
Police testify about physical symptoms of impairment, including red or watery eyes, flushed skin, and slurred speech. Yet there are other explanations for these symptoms, like dehydration, allergies, and fatigue.
An unsteady gait is another reported symptom in DUI cases. However, if you sustained a recent injury or walk stiffly due to an old injury, that can also affect how you walk. These conditions could explain an alleged intoxicated appearance.
No Miranda Rights
Police must read your Miranda rights to you if they are arresting and interrogating you. If they continue to ask incriminating questions without that vital step, your answers are not admissible as evidence. Body or dash cam videos can confirm a Miranda rights reading or show it never occurred.
Other Explanations
There are other reasons why you may swerve lanes or drift off the road. These reasons could amount to a traffic infraction rather than a DUI.
Sober people may drive poorly and seem to be impaired. For example, you may be:
- Looking at your phone
- Picking up something that was under your seat
- Talking to a passenger
- Interacting with a pet in your car
- Trying to follow directions from a GPS
Why You Need Our DUI Defense Attorneys in Colorado Springs
Our DUI defense attorneys have extensive experience assessing DUI arrests and finding police mistakes. Even if these mistakes do not get your case thrown out initially, they may eliminate enough evidence that the prosecutor may drop your charges.
As your attorneys, we are prepared to:
- Interview witnesses
- Check breathalyzer cleaning and maintenance records
- Review your medical history to see if anything therein could present as impairment
- Collect all arrest records, including police reports and body or dash cam videos
- Fight for your rights at your hearings and trial (if necessary)
The prosecutors will not automatically offer the best deal possible or willingly drop charges. So, it’s in your best interest to consult with a DUI defense lawyer as soon as you are arrested or charged.
When Do I Seek Legal Help for My DUI Charge?
You want to see an attorney as soon as possible. The criminal court has tight deadlines. Missing one could mean you lose the opportunity to present a defense that could get your charges dropped.
Also, it takes time to collect evidence and build a defense strategy. We will have a better opportunity to do that well if you talk to us early in your case.
Have You Been Charged with DUI in Colorado? 
DUI charges are serious and could upset your routine and life. You need a dedicated and effective DUI attorney to beat these charges. Contact Peakstone Law Group, LLC, today for a free initial consultation.