Driving under the influence of drugs (DUID) is a serious charge in Colorado, and it can have lasting consequences on someone’s life. If you are facing DUID charges, it is important to know that there are legal defenses that may help reduce or even dismiss the charges. Understanding these defenses is key to preparing a case and protecting your rights. Colorado’s strict laws on impaired driving don’t differentiate between alcohol and drugs, meaning both are treated with similar seriousness. However, just because someone has been charged with a DUID doesn’t mean they are automatically guilty. There are many ways that an attorney might challenge the charges. At, Law Firm of Mark S. Hanchey , we are here to guide you through the legal process and help you navigate the complexities of your case.
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Free Consultation Download PDFChallenging the Legality of the Traffic Stop
One of the first areas to examine in a DUID case is the legality of the traffic stop. In Colorado, police officers must have a valid reason to pull a driver over. If the officer didn’t have a reasonable suspicion that the driver was breaking the law, the stop could be considered unlawful. Without a lawful traffic stop, any evidence gathered, including drug test results, could be thrown out of the case. For example, if the officer stopped someone because they didn’t like the way their car looked or acted based on a hunch, that could be considered an unlawful stop. An attorney can review the details of the traffic stop to determine whether the officer followed proper procedures.
Questioning the Accuracy of Drug Testing
Drug testing is often used as a key piece of evidence in DUID cases, but these tests are not always reliable. In Colorado, tests can include blood, urine, or saliva, and the results can vary depending on how the tests are conducted. There may be issues with the equipment or the way the sample was handled that can affect the accuracy of the test. Sometimes, labs make mistakes when processing test results. If there are any problems with the testing procedure or if the sample was contaminated, this can be used as a defense to challenge the evidence. It is also important to note that the presence of drugs in a person’s system does not always mean they were impaired while driving. Some drugs can stay in the body for days or weeks, even though their effects have long worn off.
Proving That the Driver Was Not Impaired
The prosecution must show that the driver was impaired by drugs while driving, not just that drugs were present in their system. Just because someone has used a drug in the past does not necessarily mean they were impaired at the time they were driving. A person could have traces of a drug in their system from several days before but still be fully capable of operating a vehicle safely. In some cases, a driver may have a medical condition or be taking prescription medication that could cause behavior similar to impairment. If the driver can show that their behavior was caused by something other than drugs, this could be a strong defense against the DUID charge. For example, someone with a medical condition like epilepsy or diabetes might exhibit symptoms that could be mistaken for impairment.
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Challenging Field Sobriety Tests
Field sobriety tests are often used by law enforcement to determine whether a driver is impaired. However, these tests are subjective and may not always be accurate indicators of impairment. Some people may fail these tests for reasons unrelated to drug use, such as anxiety, poor balance, or medical conditions. Environmental factors like poor lighting or uneven road surfaces can also affect how someone performs during a field sobriety test. An attorney can question the reliability of the field sobriety test and argue that it does not provide enough evidence to prove impairment.
Arguing the Lack of Probable Cause for Arrest
In order to arrest someone for a DUID, law enforcement must have probable cause to believe that the driver is under the influence of drugs. Probable cause is more than just a suspicion or hunch; it requires actual evidence that the driver was impaired. If the officer did not have sufficient evidence of impairment before making the arrest, this could be a defense in the case. For example, if the officer made the arrest based solely on the driver’s appearance or nervous behavior, this may not be enough to establish probable cause. An attorney can review the evidence to determine whether the arrest was justified and, if not, challenge the legality of the arrest.
Arguing that the Driver’s Rights Were Violated
In any criminal case, the defendant has certain rights that must be protected throughout the legal process. If law enforcement violated any of these rights, it could affect the outcome of the case. One common violation in DUID cases is when an officer fails to inform the driver of their rights, including the right to remain silent or the right to refuse certain tests. If a driver was pressured or forced to take a drug test without being informed of their rights, this could be used as a defense. Additionally, if law enforcement conducted an illegal search of the driver’s vehicle or home without a warrant, this could be grounds to have certain evidence excluded from the case.
Using Medical Marijuana as a Defense
Colorado is one of the states where medical marijuana is legal. However, driving under the influence of marijuana is still illegal, even for medical marijuana users. A person with a valid medical marijuana prescription can use this as part of their defense, but it does not mean they are immune from DUID charges. The defense must show that the driver was not impaired while operating the vehicle, even if they had used marijuana for medical reasons. Medical marijuana users must be especially careful because THC, the active ingredient in marijuana, can stay in their system for an extended period of time. If the driver’s marijuana use did not impair their ability to drive, this could be used to challenge the DUID charge.
Challenging the Officer’s Observations
DUID cases often rely on the observations of the arresting officer. The officer may claim that the driver appeared impaired based on things like their speech, movements, or behavior. However, these observations are subjective and can be challenged in court. For example, if the officer noted that the driver’s eyes were red or they were acting strangely, this could be due to reasons unrelated to drug use, such as allergies, fatigue, or stress. An experienced attorney can cross-examine the officer to challenge the accuracy of their observations and show that there may be other explanations for the driver’s behavior.
Presenting an Alternative Explanation for the Driver’s Behavior
There are many factors that can influence a person’s behavior, and not all of them are related to drug use. In some cases, the driver’s behavior may have been caused by something else entirely. For example, a person who is extremely tired, anxious, or stressed may show signs of impairment that have nothing to do with drugs. Drivers with certain medical conditions, such as diabetes or seizures, may also exhibit symptoms that could be mistaken for drug impairment. If the driver can provide an alternative explanation for their behavior, this can be a strong defense against a DUID charge. Additionally, if the driver was taking prescription medication under a doctor’s orders, this could help show that their behavior was not due to illegal drug use.
Showing That the Police Did Not Follow Proper Procedures
Law enforcement officers are required to follow specific procedures when handling DUID cases. If they fail to do so, it can have a major impact on the case. For example, if the officer did not follow the correct steps when administering a drug test or conducting a field sobriety test, the results may not be reliable. Additionally, if the officer did not maintain proper chain of custody for evidence, such as blood or urine samples, this could raise questions about the validity of the test results. An attorney can review the police reports and evidence to ensure that all procedures were followed correctly. If there are any issues with the way the case was handled, this can be used to challenge the charges.
Defending against DUID charges in Colorado is complex, but with the right legal strategies, it is possible to fight the charges and protect your future. From questioning the legality of the traffic stop to challenging the accuracy of drug testing and the officer’s observations, there are several defenses that can be used to build a strong case. Every situation is unique, and the best defense will depend on the specific circumstances of the case.
If you or someone you know is facing DUID charges, it is important to seek legal guidance as soon as possible. The Law Firm of Mark S. Hanchey has extensive experience in defending clients against DUID charges in Colorado. We are committed to providing personalized representation and will work tirelessly to protect your rights. Contact us today for a consultation and to discuss your options.