How to Beat a DUI Case.

When trying to Beat a DUI case contact experienced attorneys to help ease the stress and improve your chance of beating the case. At Shipp Law, experienced attorneys can help your struggles and bring you the best outcome.

Below is the information that can help boost your knowledge and confidence to beat your case. We dive deep into the strategic ways and provide you with information that can put you ahead of your current position. 

Are you operating the vehicle?

In Colorado, you can be identified as operating the vehicle just by sitting in the driver’s seat. Other things are accounted for such as if you were wearing a seatbelt, or if the keys were in the ignition. With Direct evidence, someone is visibly seeing your drive, or you admit to driving the vehicle. With circumstantial evidence, they take other things into account like if you were parked illegally or just parked on the side of the road. 

There are ways to argue these things, such as if you were just sitting in the car with no intention to go anywhere. All these factors come into play when trying to beat a DUI case. 

Are you truly driving under the influence?

The legal definition of “driving under the influence” refers to operating a vehicle while impaired to a degree where you are either mentally, physically, or both. In short, the district attorney must prove two important main points. The two points are your operation of the vehicle and your impairment level of substantial incapacity

If the district attorney does not prove either element, the verdict will not be guilty. The most common defense is to challenge either the operation of the vehicle or the level of impairment.

What it means to be driving or operating the vehicle.

Operating the vehicle defined by Colorado Case law is having “actual physical control” over a vehicle instead of just traveling down a route. Important factors like ignition status and situational context are taken into account when figuring out if that person was driving. A way to defend yourself which is used often is, contesting the identification of the actual driver or challenging the prosecution’s use of circumstantial evidence. 

Interpreting impairment:

Challenging impairment is extremely important in DUI defense. The prosecution uses erratic driving, visible signs of intoxication, and field sobriety tests. Roadside tests are voluntary but recommended and can be questioned. Chemical tests can also be challenged despite being presumed accurate. Colorado’s consent principle mandates blood or breath tests upon DUI arrest. Penalties for DUI increase the more you are convicted including probation, jail, fines, and administrative sanctions. Each DUI requires experienced legal representation due to lasting consequences.

Contact Our Offices!

To conclude this guide, Shipp Law stands by your side to help successfully bring you through the process with the least harm done. Contact our offices at (970) 927-2255 or our website and have your needs resolved.