A DUI charge can leave you trying to understand what happened and what choices could affect your case. In Colorado, potential defense strategies depend on the facts, including why you were stopped, what officers observed, how sobriety testing was conducted, and how chemical testing was handled.
Because even seemingly small details can matter, reviewing the evidence rather than assuming a test result decides the case may be significant. Reviewing that evidence may reveal grounds to challenge the charge, even when a chemical test indicates alcohol or drugs were present.
At Grabski & Shah, we represent individuals facing criminal charges in Colorado Springs, Colorado, and throughout the surrounding areas. We examine the circumstances surrounding a DUI arrest, identify potential weaknesses in the prosecution's evidence, and help you understand the legal options available in your situation. If you have been charged with DUI, contact us to schedule a free consultation.
Challenge the Traffic Stop and Arrest
One potential defense strategy is examining whether the officer had a lawful basis to stop your vehicle and later detain or arrest you. Colorado courts recognize that an investigative traffic stop generally requires reasonable suspicion based on specific and articulable facts, while an arrest requires probable cause.
That means the circumstances leading up to the arrest can matter, not just what happened after you were pulled over. Depending on the evidence, we may examine:
Why the officer initiated the traffic stop
What the officer observed before asking you to perform additional testing
Whether the detention continued beyond what the circumstances justified
What information supported the decision to arrest you
If a constitutional violation occurred, the defense may have grounds to challenge evidence obtained as a result. However, a violation does not automatically require dismissal or exclusion of all evidence.
Examine Field Sobriety Evidence Carefully
Field sobriety tests may become part of the prosecution's evidence, but performance on these tests does not automatically establish that you were legally impaired. As part of your Colorado DUI defense, we may examine how the tests were administered, the conditions in which they occurred, and whether factors unrelated to alcohol or drugs could have affected your performance.
For example, balance or coordination may be affected by circumstances such as footwear, weather, road conditions, physical limitations, fatigue, or instructions that were difficult to understand. Video footage, officer reports, and witness accounts may help provide context that is not apparent from a written report alone.
Colorado law distinguishes DUI from driving while ability impaired (DWAI). DUI involves substantial impairment of your ability to operate a vehicle safely, while DWAI requires impairment to the slightest degree. The surrounding evidence may therefore matter when determining whether the prosecution can establish the charged offense.
Scrutinize Chemical Testing and BAC Evidence
Chemical testing can be important evidence in a Colorado DUI case, but the circumstances surrounding the test still matter. Colorado's express-consent law generally requires drivers to cooperate with authorized blood or breath testing when an officer has the required probable cause to suspect an applicable impaired-driving offense.
We may review the testing process and the evidence used to establish the result. Depending on the circumstances, relevant questions can include:
What type of test was administered?
When was the sample collected?
Was the required testing procedure followed?
What records support the reported result?
Does the available evidence accurately connect the test result to the time of driving?
Colorado law separately defines DUI, DWAI, and DUI per se, so the precise charge and evidence supporting it matter. For example, Colorado law provides for DUI per se when a person's BAC is 0.08 or more at the time of driving or within two hours after driving.
Unlike impairment-based DUI, DUI per se does not require separate proof that your driving ability was affected. However, the defense may challenge the reliability of the test. Colorado law also recognizes a specific defense involving alcohol consumed after driving when the evidence supports that issue.
Look at the Entire Timeline and Available Evidence
Another defense strategy is reconstructing what happened from the first interaction with law enforcement through the arrest and testing. This can reveal inconsistencies or information that may not be obvious from the charging document alone.
We may compare police reports, body-camera footage, dash-camera recordings, dispatch information, witness statements, test records, and other available evidence. For example, footage may contradict an officer's description of your driving or performance during sobriety testing.
Prior DUI history can also affect the legal classification of a case. Under Colorado law, DUI is generally a misdemeanor, but it can become a class 4 felony when the prosecution establishes three or more qualifying prior convictions arising from separate criminal episodes.
Qualifying convictions include DUI, DUI per se, DWAI, and certain vehicular assault or vehicular homicide offenses. Prior convictions are an element of felony DUI that the prosecution must prove beyond a reasonable doubt.
Consider the License Consequences Separately
A DUI case can involve both criminal proceedings and consequences for your driving privileges. Those issues are related but are not necessarily resolved in the same way or on the same timeline.
Colorado's express-consent law can lead to administrative license revocation for refusing required chemical testing or having a qualifying alcohol test result. These consequences are separate from the criminal case, meaning a dismissal of criminal charges does not automatically prevent license revocation.
You generally have seven calendar days to request an express-consent hearing after the applicable notice. For blood tests, the deadline is generally calculated from the date on the DMV notice rather than the arrest date. Limited exceptions may permit late requests.
At the hearing, you can challenge the evidence supporting the proposed revocation. Reviewing the notice and requesting a hearing within the applicable deadline may preserve your opportunity to contest the administrative action.
Build Your Defense With Colorado Criminal Attorneys
A DUI defense begins with identifying which evidence the prosecution can rely on and whether it satisfies Colorado's legal requirements. The appropriate strategy may involve challenging the stop, questioning test reliability, disputing allegations of impairment, or addressing prior convictions and license consequences.
At Grabski & Shah, we can review the circumstances of your DUI charge, explain the potential issues in plain language, and help you understand your available options. One of our attorneys, Meghal Shah, served as a DUI Liaison for the Colorado Springs Public Defender's Office and has handled more than 2,000 criminal cases throughout his career.
If you are facing a DUI charge in Colorado Springs, Colorado, or anywhere in the surrounding communities, contact us to schedule a free consultation and discuss your case.
