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.
When criminal charges put your future on the line, the outcome can hinge on what happens long before a jury is seated. Strategic pretrial motions can challenge questionable evidence, push for charge reductions, or even secure a full dismissal.
With nearly two decades of experience, Denver, CO criminal defense lawyer Kimberly Diego of The Law Office of Kimberly Diego knows how to leverage these motions to protect your rights and
Getting arrested or even questioned by police can flip your life upside down. Whether it’s your first time dealing with the legal system or you’ve been through it before, facing criminal charges is overwhelming. The consequences are often more than just jail time — they can affect your job, your reputation, and your relationships.
But you don’t have to face it alone. A skilled Denver, CO criminal defense lawyer from
One bad move behind the wheel? That’s enough to land you a criminal record in Colorado. Getting pulled over is nerve-wracking. But when that traffic stop turns into a reckless driving charge, it’s not just a minor issue. In Colorado, reckless driving is a criminal offense. It can affect your freedom, your finances, and your future.
If you’re facing this kind of charge, don’t try to handle it on your
