What Do Attorneys Look for to Fight DUI/DWI Charges?


Being convicted of a DUI/DWI not only sucks, but it can wreak havoc on multiple aspects of your life. Background checks for potential careers, suspension of a driver’s license and ignition interlock devices can all have serious impacts on your future. Fortunately, there are attorneys out there who have your back – here’s how we try to help people facing drunk driving charges.

Prosecutors have it easy. All they have to prove to get a conviction is that you 1) were operating a motor vehicle and 2) you were under the influence of a substance to the degree that driving safely was affected.

What we attorneys do is look for ways to dispute these two assumptions. Many of our attorneys at Thomas Law Firm are former prosecutors, so we have the knowledge and experience needed to get your charges reduced or dismissed.

If you are arrested, there are ways a defense attorney can argue that your arrest was improper. Police must have probable cause to stop, detain or arrest a driver. If no probable cause exists, then any evidence obtained by the officer may be deemed inadmissible. Similarly, if police do not read you your Miranda warnings during arrest (“You have the right to remain silent,” etc.) then certain evidence can be excluded from trial.

A defense attorney may also seek evidence that disputes the arresting officer’s observations. Cops are fallible like any other person, and you can provide your own witnesses to testify against an officer’s claims; for example, a passenger in the vehicle can claim that they did not witness you drinking or using substances before driving, or that any erratic driving behavior was caused by other distractions like conversation.

Our point is that every situation is different. Your chances of getting the charges reduced or dropped greatly increase with an experienced criminal attorney on your side. In the video below, attorney William Smith goes into detail about the types of impaired driving offenses we have in Colorado:

DUI Matters – Denver Drunk Driving Lawyers

Source: http://www.nolo.com/legal-encyclopedia/dui-dwi-defenses-32254.html

Did You Know? One in three people will be involved in an alcohol related crash in their lifetime.

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