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.