Sometimes the allegations that accompany DUI charges may seem insurmountable. However, a skilled and experienced DUI defense lawyer can find an issue that can mean the difference between conviction and acquittal.
Take People v. T.T., for example. In this case, our client was charged with DUI and DWAI in the Jefferson County Court. The people alleged that our client ran a red light, causing a traffic accident. Reports also claimed that our client had watery eyes and exhibited an odor of alcohol.
While those facts alone may seem like People v. T.T. was an open-and-shut case, the jury thought otherwise. Under Colorado law, the prosecution has the burden of establishing every element of a DUI and DWAI charge beyond a reasonable doubt.
Under Colorado Revised Statutes § 42-4-1301, “driving under the influence” is defined to mean “driving a motor vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”
Under the same statutory section, “driving while ability impaired” (DWAI) means “driving a motor vehicle or vehicle when a person consumed alcohol or one or more drugs…that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”
Typically, a successful DUI or DWAI conviction involves the results of a chemical test – usually a breathalyzer test – as evidence that the defendant had consumed alcohol or drugs. However, without proof that the defendant ingested alcohol or drugs such that its presence in the bloodstream can be ascertained, the prosecution has a shaky case at best.
Absent the results of such a chemical test, allegations about the odor of alcohol and the defendant’s watery eyes can be reasonably explained by non-alcohol related causes. Furthermore, traffic accidents can be caused by circumstances unrelated to intoxication. Most traffic accidents are caused by distractions and ordinary negligence. However, ordinary negligence is not a good enough reason to subject someone to harsh criminal penalties.
Protecting Your Due Process Rights
Our criminal justice system was designed to make it very difficult for the prosecution to land a criminal conviction. That’s because we as a society believe that the harm associated with mistakenly depriving someone of life, liberty, and property is greater than the harm of letting a guilty person go free. At Fife Luneau, P.C., our Denver DUI defense attorneys are dedicated to upholding your due process rights to ensure that innocent people are not inadvertently convicted of harsh crimes.
Call our office anytime at (720) 408-7130 or contact us online today for more information about how we can help your case.