DUI Defense 101: What to Do after a DUI Arrest

DUI Defense 101: What to Do after a DUI Arrest

A DUI arrest can be upsetting, frustrating and maybe even embarrassing. Although it can be easy to feel alone – and like the world is against you – after you’re arrested for a DUI, please remember that:

• You have rights, and you are innocent until proven guilty in the eyes of the law.
• An arrest doesn’t mean that you’ll be convicted of the DUI charges.
• A Boulder DUI attorney at Peter Loyd Weber & Associates is here for you, ready to help you protect your rights and fight the charges.

In fact, the single best thing you can do after a DUI arrest is contact an experienced lawyer who can help you:

• Get out of jail as soon as possible
• Start building an effective defense for the two cases you may have to deal with:
  • The DMV DUI case – This administrative case will determine whether the accused person should be able to keep his or her driver’s license or whether a suspension should be imposed. The accused person must request a hearing with the DMV within the 7 days of the arrest to try to fight the suspension.
  • The court DUI case – This criminal case will determine whether the accused person is guilty (or not) of the alleged DUI.

How to Fight DUI Charges: DUI Defense Strategies

The best way to fight DUI charges will vary from case to case (and will depend on the circumstances of the arrest and whether the motorist has any prior DUIs, among other factors). In general, however, some of the most effective DUI defense strategies including arguing that:

• There was a lack of probable cause – Probable cause is ‘reasonable grounds’ for taking some action. Police must have probable cause pull over motorists – and to make an arrest. Examples of probable cause for a traffic stop can include seeing a motorist violate a traffic law or drive erratically. Police are required to include the probable cause in the arrest report. If they don’t and/or they can’t explain the probable cause, it may be possible to argue that the traffic stop and the arrest were illegal.
• Procedural mistakes were made by police – Police are legally required to follow certain procedures during a DUI stop. For instance, police are required to wait at least 20 minutes (after stopping a driver) before administering a breathalyzer (to make sure the driver hasn’t eaten, drank anything, regurgitated or belched during this time frame). Failing to follow these procedures can throw any evidence collected during the stop into question.
• The BAC test results are unreliable – Just because a breathalyzer or blood test reports that driver has an elevated level of alcohol in his or her system does not necessary mean that the test was properly performed or the results are accurate. For instance, if a non-approved, uncalibrated breathalyzer was used for the BAC test – or if the blood sample(s) were mishandled at any point, it’s possible to argue that the test results are unreliable and, therefore, should be thrown out.

Start Building the Strongest DUI Defense Case Now: Contact a Boulder DUI Attorney at Peter Loyd Weber & Associates

If you or a loved one has been accused of a DUI, contact a Boulder DUI attorney at Peter Loyd Weber & Associates by calling (720) 863-7755 or by emailing us using the contact form on this page. Our lawyers can explain your best DUI defense options and help you immediately start fighting the charges filed against you.

We offer free consultations, and we are always available to our clients – 24 hours per day, 7 days per week – so that they have the advice, answers and representation they need whenever legal issues may arise.

From our offices based in Northglenn, Broomfield and Boulder, we provide the strongest defense and highest quality legal services to our clients throughout Weld County, Adams County and the state of Colorado.