An accusation of Driving Under the Influence can be very difficult to defend
The consumption of alcohol is a part of our society and people often make the decision to drive after consuming alcohol. An accusation of Driving Under the Influence can be very difficult to defend, especially if the blood alcohol level has been accurately determined by a breath or blood test. It is very difficult to beat "the number" of a blood alcohol level over the limit. However, in the absence of a blood alcohol level, the opinion of the arresting officer can be attacked and defeated based upon the circumstances of the traffic stop and arrest. Without the number of .050 for DWAI and .080 for DUI, the issue becomes whether or not you were truly intoxicated and whether your driving ability was diminished in any way.
The first attack is on the reason that the officer came into contact with you. The officer will interpret any unusual driving behavior as an indicator of intoxication. Of course, this is not true. A person can exceed the speed limit or drive poorly as a result of being distracted, lack of attention or just being negligent. Often, people knowingly exceed the speed limit.
The arresting officer will also describe physical observations as indicators of intoxication. Again, this is not necessarily true. Being nervous and stressed can cause the hands to shake and fumble and altitude and cold temperature can cause the eyes to be watery and glassy. There are many reasons for bloodshot eyes and poor balance can be the result of road conditions or the grade.
Arresting officers believe that the roadside maneuvers can be accurately performed by any "normal person." However, there is no definition of a "normal person." The roadside maneuvers test balance, coordination and agility. None of these physical tests necessarily establish alcohol impairment. Mental faculties can be diminished as a result of stress, anxiety, and nervousness.
Finally, if a chemical test was not completed, there are several reasonable and believable explanations other than guilt.
Within each of these areas are several different evidentiary items that must be evaluated and exploited. An aggressive and knowledgeable DUI defense attorney will attack each phase of your arrest to prepare a solid and reputable defense. Larry D. Combs can defend you against a DUI accusation.
If you have been charged, don't delay, call me immediately (970-871-7400).
"Over the last fourteen years, I have tried more jury trials than any practicing attorney in the 14th Judicial District (Routt County, Moffat County, and Grand County Colorado including Steamboat Springs, Craig, and Hot Sulphur Springs) with consistent success."
-- Larry D. Combs