How to Deal with your DUI case

Do you have doubts about your ability to defend the charges from a DUI case?  Are you inclined towards a guilty plea? 

The first thing to do is to request the DISCOVERY paperwork and police videos from the State’s Prosecuting Attorney. Read/watch all the information that the cops have included and see what mistakes were made.  See if you appear impaired. You are entitled to a free consultation with Shipp-Law, so call (970) 927-2255 to address your concerns with us. Do not plead guilty and give up without determining what other options you have. 

Certain of Sobriety.

Unfortunately, even for those certain of their sobriety at the time of arrest,  it is a common practice for those facing the charges to take a plea of guilty. This is ill-advised.  An alcohol/drug conviction will follow you for a lifetime and will cause increased auto insurance premiums, and possibly increased health and house insurance costs.  You may be precluded from taking certain jobs because that job would require automobile travel and no employer wants an employee driving their cars if you have a history of impaired driving. 

Find out what possible defense tactics could work best in your specific situations. 

Was the Traffic Stop Legitimate

Was the reason for the traffic stop legal? Law enforcement officers need a valid reason as to why they pulled you over. If they can not provide a legitimate reason as to why they did, it may lead to the exclusion of evidence obtained on scene. Did the cop use a radar device to determine if you were speeding?  If not, it makes the case against you harder to prove. If a cop has a dash cam in his car and does not turn it on to confirm you are weaving while driving then he has only his word that you were weaving.  Makes his case much more difficult to prove. 

Not able to perform tests correctly.

If you have a medical condition and physically you are not able to perform the roadside test correctly, this can be a reason for exclusion of a failing result on your DUI test. Things such as diabetes, other sicknesses or conditions, or the use of certain medications can inhibit the reliability of the test. Exposing these things can defeat claims of intoxication. If your officer does not advise you that roadside testing is “voluntary” then we may be able to get results of those tests excluded from consideration for probable cause for your arrest. If he does not administer these tests according to his training the results are compromised. This can be easily seen in videos of contact. 

Additional mistakes.

Additional mistakes can always play a part in these cases. An officer is required to prepare and calibrate the breath testing machine properly. The officer is required to send blood samples to the state labs within 72 hours of your blood draw or to refrigerate it at less than 8 degrees C. If there is an instance where an officer wrongfully performed any of these tests, the reliability of the test can be questioned.

With legal help and assistance with your DUI case, you can have much higher chances of beating your case or reducing the punishments. Contact the offices of Shipp-Law by calling (970) 927-2255.