The defense of every Colorado DUI case begins with two questions:
- Was the evidence against you obtained legally, or was it obtained in violation of your Constitutional Rights?
- If it was legally obtained, will the evidence prove you guilty beyond a reasonable doubt to a Colorado jury of six people?
The first question above usually involves an analysis of why you were contacted by the police to begin with. For more about the Constitutional legality of your traffic stop, please visit our page about your rights when pulled over.
The second question involves the analysis of the evidence itself – an analysis of how reliable the District Attorney’s proof against you actually is. Many people wrongly assume that because they had something to drink, and because they were arrested for DUI, that they are necessarily guilty. Yet, for various reasons, the officer that arrested you may have formed incorrect opinions about your level of impairment. Further, the scientific methods of testing your blood alcohol content are not always reliable. An experienced DUI attorney can study all of the evidence against you, and put each piece of evidence to the test.
The main categories of evidence are:
- The blood alcohol test
- The field sobriety tests
- Mistakes you made while driving
- The officer’s observations of your physical appearance and demeanor
- Incriminating statements
The blood or breath test is more of an “objective” measure of impairment, since it does not take the officer’s perceptions into account. However, mistakes the officer makes when giving you the test, and errors or inaccuracies of the machine itself, can both lead to erroneous results. The other types of evidence are “subjective” in nature, and do rely on the perceptions, memory, and opinions of the police officer. Because the police make mistakes - give you the wrong instructions, form false conclusions, and fail to accurately remember details - your DUI lawyer can often effectively challenge their testimony against you.
There are never any guarantees that your DUI attorney will be able to defeat the case against you. However, having defended hundreds of DUI cases in Colorado, Kevin Churchill has the experience to know where to look - and what to look for - to fully challenge the evidence in your case. In the event that the prosecution’s case against you is air-tight, Mr. Churchill will control the damage by providing effective representation, both in negotiations with the District Attorney, and when you must appear before the judge for sentencing.