An arrest for driving under the influence (DUI) feels to many like an inevitable conviction, but this isn’t the case. There are defenses available, and ways that you can challenge certain aspects of your arrest and the evidence against you. It’s important to know how to fight a DUI charge in Highlands Ranch, CO, to protect your future.
A DUI conviction can significantly affect your life, leading to a criminal record and the potential for jail time, imprisonment, and fines. It can also affect your driving privileges. Working against the charges you face in administrative court and in criminal court is crucial. Don’t just assume that a DUI arrest will result in a conviction. Instead, find legal representation to help defend you.
Probable Cause for a Traffic Stop
In order to charge you for a DUI, a law enforcement officer must arrest you at a traffic stop or an accident. In a traffic stop, the officer needs probable cause to conduct the stop. Probable cause may include:
- Driving recklessly or carelessly, such as by making dangerous lane changes, tailgating, or failing to use signals
- Breaking traffic laws on the road, like speeding or ignoring a stop sign
- An impaired driver report made to the Colorado State Patrol by another driver
- A traffic stop conducted at a legal DUI checkpoint
If there was no probable cause, then the traffic stop and subsequent arrest can be illegal, and any evidence secured in the process can be inadmissible. Often, this prevents the prosecution from having any evidence or having insufficient evidence to meet the burden of proof.
Reliable Field Sobriety Tests
Field sobriety tests are standardized tests meant to help law enforcement officers determine whether a driver is impaired or not. They include tests like the horizontal gaze nystagmus test, the walk and turn test, and the one-legged stand test.
These tests are often used by law enforcement officers to reinforce their own beliefs about a driver’s impairment, and are very subjective. There are many reasons that a field sobriety test might not be reliable evidence of impairment, including:
- They were improperly administered by the officer
- Poor weather conditions impacted your test results
- The instructions you were given were unclear
- You have physical disabilities preventing you from completing the test
- Other medical conditions, anxiety, and nervousness impacted your performance
- The officer unfairly interpreted the results of the tests
These issues can lead to you failing the field sobriety tests even when you are entirely sober.
Reliable Onsite Breathalyzer
Law enforcement officers may use breathalyzers at the traffic stop to assess your impairment. These machines have to be calibrated and properly maintained between uses to be accurate, and the officer has to handle them properly. Any failures in these areas can make the device record incorrect results. If that error is uncovered, the results can be inadmissible. Medical conditions or mouthwash can also impact breathalyzer results, leading to faulty readings.
Chemical Test Laws and Reliability
The chemical test is administered after the arrest and at the station, such as the Douglas County Sheriff’s Office Highlands Ranch Substation. These machines must also be maintained and calibrated. If the test administrators do not follow the correct protocol, it can cause false results that are inadmissible.
FAQs
What Are the Odds of Getting a DUI Dismissed?
The odds of getting a DUI dismissed depend on your specific case and the facts of your arrest and alleged offense. Some cases have several options for defense, including questioning the validity of a breathalyzer test or field sobriety tests. This could prevent this evidence from being used. A defense could also question whether the officer had probable cause to pull you over and perform the traffic stop. Evidence that was secured in an illegal stop can be suppressed.
What Is the Most Common Sentence for a First-Time DUI in Colorado?
The most common sentence for a first-time DUI in Colorado is between five days and one year in county jail, or a suspended sentence in exchange for meeting requirements like an alcohol and drug evaluation and making financial obligations to an alcohol and drug driving safety program. A sentence also includes between 48 and 96 hours of community service, and a fine of between $600 and $1,000, with the court having the discretion to suspend it in some cases.
How Do You Get a DUI Dismissed in Colorado?
To get a DUI dismissed in Colorado, hire a DUI lawyer. Doing so greatly increases the likelihood of getting your case dismissed. Your DUI lawyer can help you review the options to get a dismissal. An attorney may help you suppress evidence that was gained illegally or use another method of defense. Each DUI case is unique, so not every case has options to be dismissed. You have the greatest chance at minimizing or avoiding the consequences of a conviction when you have an attorney.
Do You Need to Hire a DUI Lawyer in Highlands Ranch?
It is very beneficial to work with a DUI lawyer in Highlands Ranch if you have been arrested for or charged with a DUI. An attorney protects your rights during the arrest and investigation process and helps you review the options you have for defense. They listen to your side of things and help you understand how your case might proceed. Working with a skilled attorney gives you more certainty in your next steps and provides you with necessary support.
DUI Defense Attorney in Highlands Ranch
There were 16,788 DUI arrests reported in Colorado in 2025. Of those arrests, 314 were reported by the Douglas County Sheriff’s Office. The arrests in the area reported by the sheriff decreased from 2024 to 2025, but are still higher than in 2021 to 2023.
If you were arrested for a DUI, an attorney can help you review the reason for your traffic stop, determine if the tests used to determine your impairment were accurate and reliable, and assess other defenses for your unique DUI case.
Fuller & Ahern, P.C. has served the community in Douglas County for nearly 30 years, and our team has more than 75 combined years of legal experience. We understand the attention to detail and diligence needed to navigate DUI cases and protect your future. Our accomplished and dedicated attorneys can help you protect your rights after a DUI defense and determine the next steps in your administrative and criminal case. Reach out to us today.
