Common Defenses for DUI Charges

If you have been charged with a DUI, you are most likely emotionally overwhelmed every time you think about the consequences of a conviction. You may be concerned about jail time, fines, license suspension, or the overall impact a DUI conviction will have on your personal and professional reputation.

However, there are a number of potential defenses that can be raised in a given drunk driving case. In deciding which defenses could apply in your DUI case, your criminal defense attorney will examine all of the evidence produced by police and interview witnesses.

The following are the most common DUI defenses:

• The weight of the prosecution’s evidence is not enough to establish that your BAC was at least .08%;
• You suffered from a medical condition that caused a misleadingly high BAC reading;
• The officer lacked probable cause for pulling you over;
• The police unlawfully arrested you (simply failing to “read you your rights” is not likely to constitute a complete defense, however);
• The police bungled the DUI test (a breathalyzer, for example), thereby calling into question the accuracy of the results; or
• You drank most of the alcohol in your bloodstream immediately before the police pulled you over, causing your BAC to exceed .08% only after you had already left your vehicle in response to the traffic stop—otherwise known as the “rising BAC defense”.

The DUI defenses can vary depending on the specific circumstances of your case. Having an attorney is crucial to identify the most appropriate and effective DUI defense strategies. Our team can help you explore numerous defense options and choose the one that suits your case the best.

If you have been arrested for a DUI in Colorado, request a free consultation with our lawyers at Gerash Steiner & Blanton, P.C. today.