21 Ways to Fight a DUI

1. UNLAWFUL STOP OF PERSON OR VEHICLE - A driver or person cannot be stopped unless the officer has probable cause that a law has been broken or a reasonable suspicion that can be articulated with specific facts.

2. WEAVING INSIDE THE LANES - Weaving within the lines of your own lane is not unlawful.

3. SO-CALLED "REDDI" REPORTS - A car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.

4. FIELD SOBRIETY TESTING - These gymnastic type maneuvers can be easily challenged to show that the officer did not comply with NHTSA standards.

5. THE BLOOD TEST - The Government must keep a second sample of your blood so that we can re-test it.

6. THE FLAWED BREATHALYZER - The breathalyzer is a flawed machine that is susceptible to attack on cross examination.

7. VIDEOS - We will subpoena all available videos in your case.

8. SPEEDY TRIAL - If a client is not provided with a trial within 180 days of a not guilty plea, through delays of the court or prosecutor, the charges might be dismissed.

9. BREATH TEST OPERATOR - A Colorado Breath Test Operator must possess a valid, unexpired operator's license, or the breath test result is inadmissible.

10. DRIVING NOT PROVED - In Colorado, the prosecution must prove beyond a reasonable doubt that the defendant was in actual physical control of the vehicle.

11. MIRANDA - If you were not "mirandized" your statements might be suppressed (throw out of the case).

12. FIELD SOBRIETY TESTING PART II - According to the National Highway and Traffic Safety Administration, improperly administered field tests are compromised and unreliable.

13. BAD OFFICER - A police officer's disciplinary record can be used to attack the officer's credibility.

14. PORTABLE BREATH TEST ("PBT") - Colorado law prohibits the use of portable breath testing results as evidence at trial in a DUI case. The police officer must also tell you that the PBT is optional.

15. OBSERVATION PERIOD - Colorado requires that a driver be observed continuously for a minimum of twenty minutes prior to a breath test in order for the results to be considered reliable and valid. 4 NEWS STORY

16. EXPERT WITNESSES - Upon your approval, we will hire expert witnesses to review the validity of breath tests, blood tests and field sobriety tests.

17. ILLEGAL SEARCH - The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver's consent or probable cause. Any evidence illegally obtained is not admissible in court.

18. BREATH MACHINE - The manufacturers of breath testing devices have specified protocols which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.

19. EXPERT DISCLOSURE - The failure of the prosecutor to disclose the state's expert(s) might cause those witnesses to be barred from testifying against the defendant.

20. CERTIFICATION TESTS NOT RECORDED - The failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.

21. HIRING ROSENTHAL & HEYMANN! 1-888-ROSE-HEY or 303-825-2223 OR contact us online