Navigating the legal system can be daunting when facing a DUI charge in Denver. At Smith & Weidinger PLLC, we are committed to providing comprehensive legal support to individuals dealing with Colorado DUI cases, especially those involving breath and blood tests. With a strategic focus on defending our client’s rights, we ensure no detail is overlooked in our pursuit of justice.
Introduction to Smith & Weidinger PLLC
At Smith & Weidinger PLLC, we are a trusted legal ally for individuals charged with DUI offenses in Denver. Our firm has built a reputation for delivering tailored defense strategies, particularly in cases involving breath and blood tests. With an unwavering commitment to justice, we combine legal expertise with a client-centered approach to help our clients achieve the best possible outcomes.
Our Denver DUI attorneys understand the stress and uncertainty that accompany DUI charges. That’s why we are dedicated to defending your rights and guiding you through every step of the legal process with clarity and compassion.
Understanding Colorado DUI Charges
DUI Laws and Penalties in Colorado
Driving under the influence (DUI) is a serious offense in Colorado. A DUI case typically arises when an individual operates a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher. For drivers under 21, the threshold is even lower, at 0.02%. Colorado also enforces strict laws against driving while ability impaired (DWAI), which applies to those with a BAC of 0.05%-0.08%.
Penalties for DUI convictions can be severe and may include:
- Driver’s license suspension or revocation
- Fines
- Mandatory alcohol education classes
- Community service
- Mandatory ignition interlock device installed
- Jail time
The consequences of a DUI conviction can have long-lasting effects on your personal and professional life, making a strong legal defense essential.
The Role of Breath or Blood Test Evidence in DUI Cases
Blood or breath tests are key pieces of evidence in most DUI cases. These tests aim to determine a driver’s BAC test levels and establish whether they were impaired at the time of the alleged offense. The reliability and validity of a blood draw or breathalyzer test can be challenged due to various factors.
If the breath testing device is not properly calibrated or maintained, it can lead to inaccurate test results. If the police officer administering the breath test fails to do so accurately, the breath alcohol content number may be false. Breath test evidence may also be inaccurate if certain biological factors exist, including some medical conditions.
A DUI blood test may easily be contaminated, which would fail to show an accurate amount of alcohol concentration within the bloodstream. Working with a DUI lawyer who understands how easily a blood or breath test can become inaccurate is essential to a strong defense case.
Role of a Denver, Colorado DUI Breath and Blood Test Lawyer
Understanding the Legal Process and Protecting Your Rights
A Denver DUI breath and blood test lawyer is your advocate, ensuring your rights are upheld throughout the legal process. From the moment of your arrest, you have constitutional rights, including the right to remain silent and the right to legal representation. Your lawyer will ensure that law enforcement adheres to proper procedures and that your rights are not violated.
Challenging Test Accuracy and Validity
One of the primary responsibilities of a DUI lawyer is to challenge the validity of breath and blood test results. At Smith & Weidinger PLLC, we carefully analyze the circumstances surrounding your arrest and testing to identify potential flaws. For example:
- Was the breathalyzer properly maintained and calibrated?
- Was the blood sample handled according to strict chain-of-custody protocols?
- Did the officer administering the test follow all legal procedures?
These questions are critical in building a strong defense and, in some cases, may lead to the suppression of evidence or dismissal of charges.
Smith & Weidinger PLLC’s Strategic Approach
At Smith & Weidinger PLLC, we understand that every DUI case is unique. That’s why we develop personalized defense strategies tailored to each client’s specific circumstances.
Thorough Investigation and Evidence Analysis
Our attorneys work closely with forensic experts to analyze breath and blood test results, ensuring their accuracy and reliability. We also examine police reports, dashcam footage, and witness statements to uncover inconsistencies or procedural errors.
Leveraging Expert Witnesses and Forensic Evidence
Expert testimony can be a game-changer in cases where scientific evidence is disputed. We collaborate with toxicologists and medical professionals who can provide insights into the limitations of breath and blood tests.
Negotiating Reduced Charges or Dismissals
Our extensive experience in Colorado DUI law enables us to skillfully negotiate with prosecutors to seek reduced charges or outright dismissals.
Frequently Asked Questions
What Should I Do if I’m Arrested for a DUI in Denver?
Stay calm and cooperate with law enforcement, but exercise your right to remain silent and request an attorney immediately. Avoid making statements that could be used against you.
Can I Refuse a Blood or Breath Test in Colorado?
Colorado’s “express consent” law requires drivers to submit to chemical testing if lawfully arrested for DUI. Refusing a test can result in automatic license suspension and revocation of driving privileges and may be used as evidence against you in court.
How Can a DUI Lawyer Help Me?
A DUI lawyer can challenge the evidence against you, identify procedural errors, and develop a robust defense strategy. With skilled representation, you may be able to reduce the severity of penalties or avoid a conviction altogether.
What Are the Potential Defenses Against Blood and Breath Test Results?
Defenses may include challenging the calibration of testing devices, improper test administration, medical conditions affecting results, or mishandling of blood samples.
Why Choose Smith & Weidinger PLLC
Having a knowledgeable and dedicated attorney can make all the difference when facing a DUI charge. At Smith & Weidinger PLLC, we bring years of experience, a client-focused approach, and an unrelenting commitment to justice.
Contact us today for a free consultation. Let an experienced DUI defense lawyer from Smith & Weidinger PLLC take the first step towards protecting your rights and securing your future.