Defending DUI Information
Driving under the influence (DUI) or drunk driving charges are one of the most complex crimes to defend in America. Because of the increased political pressure and the monetary gain from more DUI arrests and convictions, DUI has become the exception to the Constitution. This "exception" has deprived you of your constitutional rights when you are suspected of drinking and driving. Because of this exception and the changes in evidentiary and scientific principles related to DUI testing, finding a criminal defense attorney that has the experience and knowledge needed to successfully defend this charge can be difficult to say the least.
The evidentiary, scientific and procedural processes of defending DUIs has grown very complex over time as a result of continuing to lower the "legal limit" and placing harsher penalties on people charged with and convicted of DUI. The most noticeable change to our DUI laws was the inclusion of the per se law. This law fundamentally states that it does not matter whether or not you were impaired or under the influence, but rather was your chemical test above our magical number. In Colorado, this magical number is .05 for DWAI and .08 for DUI.
Underlying the recent changes to the legal limit and the inclusion of the per se law has been a growing federal presence in the DUI field. Through an ultimatum approach using federal highway funds, and with the ominous threat of the Commerce Clause, federal authorities are successfully putting pressure on states to meet federal guidelines concerning DUI per se laws, intoxication levels, blood alcohol analysis, sentencing standards, standardized field sobriety tests and "zero tolerance" laws for drivers under 21 years of age. As federal involvement continues, the drunk driving laws, evidence, and procedures in states across the country will continue to become even more uniform and the DUI Exception will continue to grow.
Yet despite the vastly more sophisticated nature of DUI litigation, the client accused of this offense is likely to be defended by counsel who normally does not handle DUI or even criminal matters. DUI is a unique crime in that it is committed primarily by individuals who are respectable citizens and who often turn to their business or family lawyer for help. As a result, this highly complex case is handled routinely by attorneys with insufficient knowledge of the extensive scientific, evidentiary, procedural, and tactical considerations involved. And the result is often detrimental to the client.
An aggressive and well-trained DUI defense lawyer will understand and embrace the challenges in DUI defense and will investigate and exploit issues with every test result. Because of the complexity and difficulty in preparing successful defenses, you must select your DUI defense attorney carefully and ensure that their level of knowledge is superior to that of other defense attorneys. Do not hire based on price alone. Remember, you often get what you pay for when it comes to criminal defense attorneys. Contact Colorado's premier DUI defense firm for a no obligation, free consultation today.
