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Colorado DUI Law
Drunk Driving Criminal Defense Attorney
Colorado DUI Case and the Deciding Factors. In most Colorado DUI cases, there
are 3 pieces of evidence that are open to interpretation of the law.
The police report is only the officer's interpretation; statements made by you
could have been coerced, taken out of context, or misinterpreted.
Were any statements you made in custody voluntary after full advisement of your
Did the police officer stop you for a valid reason?
The Intoxilyzer 5000, which measures Breath Alcohol Content, assumes that
everyone has the same blood breath partition ratio, hematocrit ratio and assumes
that all samples are at an air temperature of 93.2 F. Sometimes there is not an
opportunity for an independent lab to retest breath samples. The computer
software is proprietary and is not available to scientific peer review. There
are many things which have been shown to affect a breath test score. These
machines are generally not available for inspections by anyone outside of law
enforcement. Usually, only non-law enforcement or government personnel have
certification as breath test technical operators. Much of the Colorado breath
program remains limited to outsiders despite a generally assumed belief that
these machines have undergone and passed wide general scientific review.
Field Sobriety Tests:
Police make arrests on the basis of probable cause. This is not the same thing
as "beyond reasonable doubt." It is not a police officer's job to determine if
someone is guilty. Many police offers choose to arrest on the basis of caution.
There is much technical training for a police officer in the field of Colorado
DUI Law. There is no law in Colorado which states they must keep up their
training on a yearly or any other type of basis with respect to standardized
field sobriety training. Many police officers do not make any form of notes on
the side of the road with respect to numerous details. Most police officers do
not include mitigating or exculpatory information in their reports, mainly
Where there distractions during the testing? Were you nervous or tired during
If there was a video taping of the event, does it accurately depict your true
state of sobriety at the time, or was it unfairly affected by perhaps traffic,
poor lighting, noise, or lack of sound.
What is your true balance and coordination?
Do you have any physical disabilities that can cause false results?
Anthony J. Fabian, P.C.
|Attorney and Counselor At Law
CONVENIENT OFFICES IN CASTLE ROCK AND DENVER
510 Wilcox Street
1660 South Albion Street
|Anthony Fabian Criminal Defense Trial Attorney in the state of Colorado
covering Castle Rock, Douglas County, Elbert County, Arapahoe County, Jefferson County, Adams County, Denver County, Boulder
County, El Paso County, Pueblo County, Larimer County, Weld County, the entire Rocky Mountain Front Range area including the greater Denver Metro Area,
Colorado Springs, Ft. Collins, and Greeley.
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