DUI: The Court Case

Challenging the Evidence in a DUI

Otherwise upstanding citizens are arrested every day for driving under the influence of alcohol. And on a daily basis, the law firm of Moran & Heim, P.C. is in court defending people accused of DUI or DWAI.

Attorneys Mike Moran and Geoff Heim have a record of successfully challenging drunk driving charges. Our goal in your DUI court case is to keep our clients out of jail, minimize their license suspension, avoid a criminal record and all the consequences of a conviction.

Our Colorado Springs criminal defense lawyers represent clients in El Paso County, as well as Teller, Pueblo, Fremont and Douglas counties. Call 719-387-0427 for a free consultation.

Drunk Driving Defenses

The outcome of your DUI court case depends largely on the knowledge and skill of your attorney. We comb through every detail of your case to discover defects in police procedures, violations of your rights, chemical testing errors and inconsistencies with administrative regulations.

We sit down with clients and walk them through every detail of the traffic stop, roadside tests, arrest and chemical tests to find the "red flags" for challenging your DUI charges:

• Breath tests — Both Mr. Moran and Mr. Heim certified operators of the Intoxilyzer 5000 EN (Colorado's breathalyzer) and have two Intoxilyzer 5000s on site one is working and one has been dismantled to allow us to learn the intricacies of the device. Our knowledge of this device and other field sobriety tests enables us to challenge "facts" used by police to justify charging our clients with drunk driving. We have a checklist of 20 things the officer must do to get a reliable result on the breathalyzer BAC test. If the two samples are not within a BAC reading of .02 of each other, we can have the results thrown out.
• Blood tests — Two samples are drawn. We have the second sample examined by an independent laboratory. In one case, the state's sample was .204, triggering the highest penalties. Our sample came back at .199, which spared our client from a mandatory jail term of at least 10 days. We have had similar results at the .08 DUI threshold and the .05 level for DWAI.
• Probable cause and roadside "tests" — Law enforcement must have reasonable suspicion to pull you over. Were you stopped for erratic driving, an unrelated reason or the officer's hunch? Were you given the breathalyzer because of your performance on field sobriety tests (Walk and Turn, One Legged Stand, etc.)? Most sober people cannot pass these tests in broad daylight, let alone on a dark highway with traffic whizzing by. We also examine whether officers followed established protocols for sobriety tests.

Exploring Alternatives and Mitigation

If the prosecutor has a weak case, we shoot for the dismissal of charges or negotiate to a lesser offense (DWAI or reckless driving). We create background profiles to highlight our clients' accomplishments. We enroll our clients early in alcohol programs and community service programs to strengthen our negotiation position.

If this is your first drunk driving offense, you may qualify for a deferred sentence to avoid a conviction on your record. The conviction hangs over you for one to two years, but if you stay clean, attend alcohol classes and complete public service requirements, the charges are dismissed and it does not appear on your record.

If you are convicted of a jailable offense, we will push for alternatives to jail time, such as work release or house arrest.

Your DUI court case should be handled by lawyers who know what they're doing. Contact Moran & Heim immediately to fight to protect your rights and find out where you stand. We offer a free initial consultation.