How to beat your DUI arrest
If you choose to drink and drive, sometimes you just have to bite the bullet. But there are times where the arresting officer is sloppy, your civil rights were violated or any host of other things that could either reduce your DUI charge, or get it thrown out altogether. Remember if you don't have $10,000 to cover your DUI, get a taxi. But chances are if you're reading this, you're post-planning and not pre-planning, so here's how to beat the rap.
Illegal Stop. A police officer can't pull you over unless they believe a traffic law or other law has been broken. Similarly, you can't be arrested unless a violation has occurred. Keep in mind, the police officer may still arrest you, this isn't the person to argue with. Accept your arrest, get a decent lawyer and get the case thrown out in court.
Anonymous Tip. You can't be stopped simply because somebody gave a police officer a tip that you're drunk. The officer needs to see a crime being committed, or have probable cause to pull you over. Again, get a good lawyer and have him argue on your behalf to the judge.
Field Sobriety Tests. Even in healthy people, the "stand on one leg" test can only be completed by 65% of sober adults. People with injuries, medical conditions, are 50 pounds or greater overweight, or are 65 years or older can't be judged by these tests. Breath tests are also inaccurate. The Colorado Supreme Court has ruled that breathalyzers are not fool-proof, so if the arresting officer only gave you one test, you can argue the accuracy of that test.
Police Tapes. If you think the arresting officer may have been fabricating parts of his story to put you in jail, it's your right to request the dash cams and videos from the police officers involved. This way you can see your driving and field sobriety tests, and confirm that the officer's testimony matches the taped evidence.
Demand a Trial. You have a right as an American citizen to request a speedy trial. If your trial does not happen within 120-160 days of your demand, the charges must be dismissed. You should not count on this tactic alone to beat your DUI.
Breath Test Operator License. Did you know the breath-test operator in Colorado must possess a valid, unexpired operator’s license, or the breath test results are inadmissible in court. Do not demand to see the officer's operator license during the arrest, as they can call another officer with a valid license to provide the test. Demand to see the unexpired license in court.
Breathalyzer Machine Status. At your trial, demand to see the record of the breathalyzer machine you were tested on. If there was a malfunction 60 days before or after your breath-test, your results will be invalid in court.
Reading Your Rights. If you are arrested for a DUI, but the arresting officer fails to read you your Miranda Rights (right to remain silent, etc), anything you said to the officer (like "I only had one beer") will be inadmissible in court.
Portable Breath Tests. Colorado law prohibits the use of portable breath testing results as evidence in court. If an officer asks you to blow into a portable device, do it, then bring up this law to the judge in court to have your case dismissed.
DUI Observation Period. In Colorado, police officers must observe a DUI suspect for a a minimum twenty minutes prior to a breath test in order for the results to be considered admissible and valid. This is to make sure the suspect doesn't eat or drink anything to interfere with the breath test. If the officer fails to wait 20 minutes before asking you to do a breath-test, do the test and then argue this law to the judge in court.
Tags: Dui , Colorado , Drink , Drunk , Drive , Car , Cost , Legal , Law
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