Keeping DUI Evidence Out of Court Can Keep You Out of Jail

Jul 8, 2019 | DUI Defense

If you’ve been arrested and charged with a Colorado Springs DUI, you have rights. You have defenses. You can challenge the legality of your traffic stop, the constitutionality of your arrest, the validity of the test results, and the admissibility of other DUI evidence that form the cornerstone of the prosecution’s case against you.

Challenging DUI Evidence

Challenging DUI evidence and getting DUI evidence dismissed requires a thorough knowledge of the law as well as a deep understanding of the science behind the breath, blood, and other testing used by law enforcement to prosecute DUI cases.

Here’s what the typical situation may look like for a Colorado Springs driver who gets pulled over:

You blew it. You were pulled over, given a field sobriety test, and then blew above the legal limit for alcohol on a breath test administered by the officer.

You failed. You were arrested for DUI and taken to the police station where they took a blood test that confirmed the results of the breath test and showed that the amount of alcohol in your bloodstream exceeded .08.

You’re out of luck. With those test results in hand showing that you were driving while intoxicated, Colorado Springs prosecutors have all they need to convict you for DUI, and there’s nothing you can do about it, right?


While challenging your DUI arrest is possible, the process is complicated.

Police Can Make Mistakes That Make DUI Evidence Inadmissible

If the police or prosecutors violated your constitutional rights, failed to follow proper procedures, or otherwise broke the rules, your DUI defense lawyer may be able to suppress the DUI evidence they intend to use against you. Retaining an experienced and skilled Colorado Springs DUI defense lawyer as soon as possible after a DUI arrest is crucial to your case.

Quite simply, it is hard for prosecutors to obtain a conviction for DUI without evidence they can use in court.

From the second those flashing lights appear in your rearview mirror, the police have ample opportunity to make mistakes that can undermine their case against you. Any of these mistakes can be the key to your defense – if your attorney has the tenacity and skill to expose them.

The challenges to the DUI evidence against you can be based on any of the following:

The Legality of the Stop

Colorado Springs police officers must have a lawful reason to pull you over. If that lawful reason is a simple traffic violation, that doesn’t mean that they can start asking you about or testing you for suspicion of driving under the influence. They must have a probable cause for the stop or reasonable suspicion that you are impaired. An improper stop can be the DUI evidence domino that knocks the whole case down.

Bad Testing

Breathalyzers and other devices used to test for blood alcohol content are notoriously unreliable. Unreliable DUI evidence can be suppressed. Improper maintenance and calibration of the breathalyzer device, administering the test improperly, and external factors can all taint the reliability and accuracy of the test results. Your Colorado Springs DUI defense attorney can attack the admissibility of test evidence by calling into question:

  • The timing of the test
  • The qualifications and training of the test administrator
  • The maintenance, calibration, and testing of the equipment used
  • The procedures followed
  • Skin preparation
  • Incorrect mixing of testing chemicals
  • Contamination of the device or test samples
  • Independent biological factors that may impact blood alcohol readings such as existing “mouth alcohol,” acid reflux, diet, and breathing patterns.

Failure to Advise You of Your Miranda Rights

If you’ve been arrested for DUI in Colorado Springs and the police are conducting a “custodial interrogation” (asking you questions designed to solicit incriminating responses), they must advise you of your constitutional rights beforehand. If the officer doesn’t notify you of your Miranda Rights, any incriminating statements you make in the absence of such notice may be deemed inadmissible as DUI evidence.


These are just a few ways an aggressive Colorado Springs defense attorney can challenge the DUI evidence against you. At James Newby Law, we use the experience and insight gained from being a former DUI prosecutor on behalf of individuals facing the ordeal of DUI charges. We attack the prosecution’s case at every turn, looking for every possible weakness to put our clients in the best position to obtain favorable outcomes.

No matter how grim things may look to you, there is always hope. Contact us today to arrange your free, confidential DUI consultation.