Thoroughly and aggressively defending a DUI requires knowledge of the blood alcohol science behind a DUI case. If you submitted to chemical testing of your blood or breath, your blood alcohol concentration (BAC) will be a central issue in your case.
Your BAC is a measure of how much alcohol is in your system. The number of drinks you consumed alone is not a good measure of BAC. Your BAC will depend on a number of factors, including your gender, weight, how often you drink, and whether you have eaten. Alcohol consumption affects everyone differently.
The prosecution must prove beyond a reasonable doubt that you were intoxicated at the time of driving. A DUI attorney who is well-versed in the complexities of blood science can sometimes make it very difficult for the prosecutor to do this.
For example, some cases may be won by implementing a “rising BAC defense”. Because it takes between 45 minutes and 3 hours for alcohol to actually be absorbed into your system, your BAC may continue to rise long after you are pulled over and arrested. If you get pulled over, a chemical test of your breath or blood usually will not be performed for at least an hour after the initial contact. Thus, you may actually have been below the legal limit when you were driving.
If you suffer from gastroesophageal reflux disease (GERD), you may test positive on a breath test machine regardless of whether you actually have consumed any alcohol. Individuals suffering from GERD have a constant flow of alcohol which travels from their stomach to their mouth in the form of a gas. If you have GERD and have consumed a small amount of alcohol, your BAC may register on the breath test machine as being higher than it actually is.
Being charged under Colorado’s racketeering statute can feel overwhelming. You may be facing allegations of participating in a criminal enterprise, with prosecutors claiming you engaged in a pattern of illegal activity. These charges carry severe penalties that could impact the rest of your life.
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Driving under the influence is one of the most heavily prosecuted offenses in Colorado, and the penalties can affect nearly every aspect of a person’s life. With so much at stake, dashcam video evidence that captures the moments leading up to and following a traffic stop takes on enormous importance. While prosecutors may view the footage as strong support for their case, the reality is that dashcam evidence is not
Criminal records can create significant barriers to employment, housing, and educational opportunities for individuals in Denver and across Colorado. The Clean Slate Act has simplified record sealing by automatically clearing eligible charges without requiring court petitions. This transformative law, effective July 1, 2024, marks the most significant change to Colorado’s expungement system in decades.
Knowing which records qualify for automatic sealing empowers individuals to understand if past convictions or non-convictions