YOU CAN SUCESSFULLY FIGHT YOUR DUI CHARGES!
If you have been charged with DUI, DWAI or DUID, you need a defense attorney with the knowledge and experience to win your case, or to successfully negotiate a favorable outcome. Great DUI attorneys have the track record to show it. They can do more than just guide you through the process, they can get you a dismissal, an acquittal, or a favorable plea bargain.
PUTTING TOGETHER A STRONG DUI DEFENSE:
Analysis of every DUI charge starts with how and why you were stopped. Under Colorado State and U.S. federal law, any police officer must comply with certain minimum standards to maintain any DUI charge against you. First, a police officer must have “reasonable suspicion” to believe that you have committed a crime before he can stop you, pull you over, or detain you. Usually, this means that before a DUI stop, the police officer must be able to prove that you broke some other driving law. Furthermore, a police officer must have “probable cause” to arrest you OR to make you choose between a blood test or a breath test. Lack of probable cause to suspect that you are driving under the influence is the number one way that cases are dismissed at the “motions stage” of a DUI case. The analysis of Probable Cause in a DUI case is a complex issue, and requires a DUI defense attorney with a highly-developed knowledge of DUI law. Only the best DUI defense attorney is able to win these hearings.
ROADSIDE TESTS/FIELD SOBRIETY TESTS:
Part of developing probable cause to require you to take a blood test or a breath test is the administration of the Roadside Tests, also known as the Standard Field Sobriety Tests. There are guidelines for how an officer must administer these tests, and a good DUI defense attorney knows them well and is able to show a jury how a police officer failed to properly administer them. This knowledge could be the difference between a conviction and a dismissal. But you must have a top rated DUI Defense Attorney who knows how to effectively show the flaws in a bad test.
Every DUI case has evidence that must be quickly preserved in order to maximize the results that a DUI attorney can achieve. There is often video evidence of the DUI stop, of the administration of the DUI Field Sobriety/Roadside Tests, of the suspect at the police station, and even of the driving that was the cause of the stop. However, these kinds of evidence are not automatically saved by the police or the prosecution, especially if it does not help the prosecution. For example, a police department will often “overwrite” or erase the DUI video if it is not quickly preserved by a knowledgeable DUI attorney. Other DUI evidence that needs to be preserved right away includes “dispatch” records, 911 calls, blood evidence, and more.
Facing DUI Charges
Thorough investigation is critical in every case. A busy attorney may be tempted not to look carefully into a case if it is obvious it is a “loser” anyway. THIS IS A MISTAKE. Birk Baumgartner walks the scene of every case, with the client- whether it’s a DUI or a multi million-dollar civil case. Many cases have been won just like this, engaging the clients of the facts of the case that only the client knows.
Breathalyzer & Blood Testing
Most attorneys believe that if there is a blood test or a breathalyzer test in evidence that the case cannot be won. That is not true! These tests are frequently faulty, and they can be challenged and beaten. It is imperative that you retain a DUI lawyer that knows how to beat a blood alcohol test.
Every DUI case has evidence that must be quickly preserved in order to maximize the results that a DUI attorney can achieve. There is often video evidence of the DUI stop, of the administration of the DUI Field Sobriety/Roadside Tests, of the suspect at the police station, and even of the driving that was the cause of the stop. However, these kinds of evidence are not automatically saved, especially if it does not help the prosecution. For example, a police department will often “write over” or erase the DUI video if it is not quickly preserved by a knowledgeable DUI attorney. Other DUI evidence that needs to be preserved includes “dispatch” records, 911 calls, blood evidence, and more.
Often, DUI attorneys do not pay enough attention to the DMV hearing in a DUI case. This is a huge mistake. If the DUI criminal case is won, but the DMV hearing is lost, you could still have your license revoked for up to two years, in some cases. But most importantly, this is the only opportunity that a DUI defense attorney will get to question the police officer without the District Attorney being present. This can and does lead to case-winning information being revealed. It is imperative that you retain a DUI attorney with a record of success at the DMV hearing.
Recent Success Stories
Birk Baumgartner has won several DMV Hearings, and as a result clients have kept their license and never had to have an interlock installed.
- Grant O. was stopped in Jefferson County and arrested for DUI. He failed the roadside field sobriety tests and refused chemical testing. On the eve of trial, Baumgartner Law was able to secure a dismissal of all charges.
- John C. was stopped in Denver County and arrested for DUI. He elected to take a blood test, which resulted in a .186 BAC level. Baumgartner Law won the DMV hearing, and John was able to keep his license. After months of negotiation, and two retests of the blood sample, the DA agreed to a DWAI. John was able to keep his license, which was crucial to his business as an independent contractor.
- Chris J. was charged with DUI after an accident. Baumgartner Law won his DMV hearing and Chris still has his license.
**These stories, while true, are not meant to be an indication of the results you should expect in your case. Every case is different and there are too many variables to make any prediction in the outcome of a particular case. No attorney can promise you a particular result in any case.