Defending Against DUI Charges: Strategies and Legal Options


Harsh consequences can be expected if you are convicted of a DUI in Colorado. The laws that apply to individuals driving under the influence are getting more rigid, and pleading guilty does not allow for strategies and legal options to be used for the best outcome in a case. Even when someone feels the odds are stacked against them, there is hope for better results in a DUI charge in Colorado.

Legal Options

Colorado’s DUI laws are some of the strictest in the country. Procedural rules are put in place to protect an individual’s constitutional rights. There are options in any case, and exploring those options by reviewing the facts will be beneficial. When procedures are not followed, many instances of DUI can be dropped or the charges reduced.

Additionally, many courts seek to offer rehabilitative options and restitution, allowing individuals convicted of DUI to decrease more severe charges by paying fines, providing some form of approved community service, or participating in rehabilitative programs. Jail time is a legitimate punishment that can result from a DUI charge, and plea bargains are also an option to reduce criminal penalties.

Strategies for Fighting a Colorado DUI Conviction

There are vital strategies to consider to defend against DUI charges that can lead to a conviction for DUI, imposing harsh sentences. Every individual has the right to proper procedures to protect against life-altering consequences.

Roadside Field Sobriety Test Accuracy

Field sobriety tests can be challenging to pass, even when a person is sober. The anxiousness of a potential arrest can profoundly affect the ability to perform the tests. These tests are highly subjective, which means actual data, like a blood test or breathalyzer, doesn’t back them.

Procedural Breath Test Errors

How a breathalyzer is administered, the machinery used to conduct the test, and the information a driver is given before test administration can all contribute to procedural errors. It is critical to understand that refusing to consent to any chemical test in Colorado results in severe potential penalties, including the automatic suspension of a license for one year after the initial refusal of the test, with time increasing if the driver continues to refuse to submit to a test. However, if you have been convicted of more than one DUI, the penalties for refusing to consent could be less severe than multiple DUI convictions, and legal representation should always be requested immediately.

A Failure to Read Miranda Rights

Miranda Rights are protections to make individuals aware of their civil liberties and the ability to assert them. When an officer fails to inform an individual of their rights, a person’s statements cannot be used against them in court as evidence. Each person has the right to silence because statements made following the reading of rights can be used to convict, and the right to the presence of an attorney is critical to prevent leading questioning tactics.

Strategies and Legal Defense in Colorado DUI Cases

There are various reasons that a DUI arrest may not hold up in court. These reasons can also include:

  • Illegal searches or evidence-gathering
  • The potential inaccuracy of blood tests
  • Illegal checkpoint traffic stops

Individuals have the right to defend themselves against DUI charges. The Harrell Law Firm, PLLC, has a proven record of using targeted legal strategies to effectively address the needs of its clients and defend against DUI charges. Contact us today for a free 30-minute initial consultation.