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When Do Judges Dismiss DUI Cases in Colorado?


Judges can dismiss DUI cases in Colorado when sufficient grounds are met. You might that that your DUI case is guaranteed to proceed due to the seriousness of the accusations, but there are circumstances that can stop DUI proceedings in their tracks.

Your attorney can file a motion to dismiss the charges against you, but case dismissal is always up to the judge’s discretion. That’s why it’s essential to hire experienced legal counsel who understands how to argue for the defense in a DUI case and optimize the possibility of a dismissal.

Grounds for DUI Case Dismissal

Depending on the circumstances of your case, one of the possible grounds for a DUI dismissal may apply to you. Generally speaking, the reasons for case dismissal involve police incompetence or a violation of your civil rights.

Flawed Administration of Breath & Blood Tests

When you are under arrest, you can’t refuse a blood or breath test to determine your blood-alcohol content without incurring a license suspension. Complying with these tests can lead to a conviction, but it can also lead to a case dismissal if their administration was flawed.

For example, a breathalyzer test conducted very soon after you had your last drink might pick up alcohol that’s still in your mouth, which may not represent the amount in your blood. By the same token, some people on the keto diet – who typically don’t even drink alcohol – can also register false positives on breathalyzer tests. This is because their bodies can naturally produce a type of alcohol, but a breathalyzer can’t distinguish between it and the kind people drink.

It’s also possible for equipment malfunction or improper calibration to cause a false positive in any test of breath or blood.

Field Sobriety Tests

A field sobriety test is typically used to establish probable cause for a DUI arrest. These tests occur before a breathalyzer test and can include walking in a straight line, touching one’s nose with their eyes closed, or reciting the alphabet backward.

Most people don’t realize it’s legal to decline these tests without facing consequences, and it’s probably a good idea to do so. The main reason is that these tests are neither scientific nor objective. For example, not everyone is equally coordinated on their feet or may have the same sense of spatial distance. Also, many completely sober people can’t recite the alphabet backward.

Illegal DUI Checkpoint

Law enforcement may establish DUI checkpoints in certain areas and at times when there is expected to be drunken driving. Such places can be highways or roads leading out of a downtown-like area, and checkpoints may be established from the early evening through the early morning hours.

You are legally allowed to turn around and drive away from an upcoming DUI checkpoint. Any attempts to block you from doing so or pull you over after completing your maneuver may be illegal and provide sufficient grounds for a DUI case dismissal.

Contact Us for Legal Assistance

If you were arrested for DUI in Colorado, it helps to have experienced legal counsel on your side. Orr Law Firm provides the experienced and skilled legal support clients need when they face DUI charges. We can help you fight the accusations against you, which can include filing motions to dismiss your case when the police incompetence played a role in your arrest.

For more information about our DUI legal defense services, contact Orr Law Firm today.