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Denver Criminal Lawyer: How the State Will Prove A DUI in Court


November 29, 2017

Being charged with driving under the influence (DUI) does not always mean that you will be convicted of this crime, especially if you are working with a Denver criminal lawyer. The prosecutor may decide to drop the charges if there is not enough evidence to take you to court. Even if the case is taken to court, the state will have to show evidence that proves you are guilty of the crime. How does the state prove a DUI in court? Here are some of the ways:

How You Were Driving

A police officer typically suspects that a driver is intoxicated when he is going above or below the speed limit, stopping randomly, making wide turns, or having trouble staying in his lane. If the arresting police officer observes this type of behavior before pulling you over, it will be used against you in court. This evidence will be used to show that you were incapable of safely operating a vehicle because you were intoxicated.

A criminal defense attorney may be able to argue that you were distracted or having car trouble, not intoxicated. He can also point out that you quickly and safely pulled over to the side of the road as soon as the officer turned his lights on, which shows that you were well aware of your surroundings and able to operate a vehicle.

Breathalyzer Results

The prosecutor will use the results from your breathalyzer test to show that you were above the legal limit of 0.08 at the time of your arrest. However, the results of breathalyzer tests are not always accurate. A criminal defense attorney may be able to prove that the results are not reliable because the test was performed incorrectly or the device was not calibrated properly. Certain medical conditions and over-the-counter medications can also affect the results. Even doing something as innocent as using mouthwash prior to being pulled over could make it appear as if you are intoxicated when you’re not. All of this information will be mentioned in court by you criminal defense attorney. Are breathalyzers accurate?

Field Sobriety Test Results

The prosecutor may also go over the arresting officer’s notes that discussed how you performed on the field sobriety tests. But, the results of the field sobriety tests are even more unreliable than the results of the breathalyzer. These physical tasks that are designed to test your balance, focus, and coordination can be difficult for anyone. It can be even harder to perform these tests if you are nervous or wearing uncomfortable shoes. For these reasons, the results of the field sobriety test are often not enough to prove that you were intoxicated at the time of your arrest.

If you are accused of DUI, stay positive and remember that it’s possible to fight these charges. But, you will need the help of a criminal defense attorney from the Law Office of John Buckley. Our criminal defense attorneys will work tirelessly to defend your rights and ensure you receive the best legal representation possible. Contact John L. Buckley as soon as possible to schedule a legal consultation regarding your DUI case.