Colorado Springs, CO criminal defense attorney Gannon Becker talks about some of the possible defenses to DUI charges. He explains that one of the primary defenses in a DUI case involves scrutinizing the investigation itself. This is particularly significant because the arresting officer often serves as the primary witness. Officers are required to follow specific procedures, and any deviations can significantly affect the outcome of the case. By carefully reviewing the thoroughness and due diligence of the investigation, an attorney may challenge whether proper protocols were followed. If errors are identified, a motions hearing can be requested, allowing a judge to determine whether evidence should be suppressed or the case dismissed due to violations of the defendant’s rights or investigative shortcomings.

Chemical testing is another critical factor. In Colorado, such testing must be conducted within two hours of the individual having actual physical control of the vehicle. Failure to meet this timeframe can impact the case in multiple ways. On the DMV side, it may provide sufficient grounds to dismiss administrative actions, potentially preserving the individual’s driver’s license. On the criminal side, while it may not result in a full dismissal, it can affect the weight and scientific validity of the test evidence, influencing how the jury considers it.

He emphasizes that “actual physical control” is legally distinct from common perceptions of driving. For example, sitting in the driver’s seat with the keys in the ignition—even if the vehicle is not running—may legally constitute actual physical control. Each situation must be assessed on a case-by-case basis, as the determination of control directly impacts the applicability of DUI statutes. Understanding these nuances allows for a strategic defense that considers both procedural and evidentiary factors.