Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351
COVID-19 RESPONSE: We are open and available to meet with you in-person or via phone / video conference. Click our number to connect with an attorney.


Pitkin County 0.232 DUI Dismissed

A motorist, who was facing Pitkin County DUI / DWAI charges for a blood alcohol level almost three times the legal limit, had her case dismissed recently. When the results of a breathalyzer test showed 0.232, under Colorado law, she faced a mandatory 10 day jail sentence for exceeding a 0.2 alcohol level. (C.R.S. 42-4-1301.1). The Aspen police officer involved with the case, was implicated with at least 47 other DUI arrests over the last two years.

The Pitkin County, Colorado judge ruled to suppress the evidence, after it was deemed illegally acquired, on the grounds the police officer didn't have probable cause to pull the motorist over. With the suppression of evidence, the Pitkin County District Attorney didn't have a case, and had no choice but to dismiss the matter. According to The Aspen Times, the judge sided with the defense after determining the police offer's written statement didn't match up with the video evidence.

Colorado DUI / DWAI law is complicated, with dozens of variables in each case. There are inaccuracies with road side breathalyzers (called portable breath tests), and many ways to challenge the legitimacy of the traffic stop. Our lawyers strategize the best defense for a Colorado DUI / DWAI after looking at the reasonable suspicion for the stop, the roadside manuevers, and the Intoxilizer breath test iteself.  While the Intoxilizer result is highly scientific, the human variable in every Denver or other Colorado county Driving Under the Influence / Driving While Ability Impaired charge makes a difference.  It is essential that you have an experienced lawyer, like ours, who have worked on more than a hundred DUI / DWAI cases.

Having a DUI / DWAI on your Colorado driving record can seriously affect your future. Many jobs require a clean record for insurance purposes.  Most jobs require reliable transportation.  Employment problems, insurance increases, and loss of license privileges are all affected. 

When involved in an Arapahoe County, Denver County, Adams County, Douglas County or other Colorado county DUI or DWAI (driving while ability impaired), don't say anything to the police. Having legal representation can improve your chances of survival in the court of law. We will take a personal interest in your case and fight for you. If you or a loved one has been contacted by the police because of a DUI / DWAI related offence, contact O'Malley Law Office P.C. We're prepared to defend you with over 40 years of combined experience. So, be smart, exercise your right to remain silent, and call us today at 303-731-0719. Together we can protect your future.

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!


Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.