What Does the Prosecutor Have to Prove to Get a DUI Conviction?
Are you currently facing charges for drunk driving in the Denver area? It is important for you to understand how the prosecution will build a case against you, and what the prosecutor will need to prove in order to get a conviction. According to a report from the Colorado Division of Criminal Justice, the state has a particularly high conviction rate for cases involving charges for driving under the influence (DUI). In general, Colorado has a conviction rate of about 88 percent in these cases. When the prosecution has toxicology results (blood or breath test results showing the amount of alcohol or drugs in a person’s system), the conviction rate is even higher — 96 percent in cases with alcohol toxicology results and 92 percent in cases with THC toxicology results. What this means is that you need to build a strong defense that is based on the specific facts of your case to prevent the prosecutor from getting a conviction.
By understanding the elements of the case and what the prosecution must prove, you can work closely with a DUI defense attorney in Colorado to develop the best defense strategy to avoid a conviction.
Understanding the Elements the Prosecutor Must Prove to Convict You of a DUI
The specific elements that the prosecution will need to prove in your DUI case in order to convict you of the offense will depend on the specific facts surrounding your arrest, including whether you were arrested for a DUI per se (based on a chemical test revealing your blood alcohol concentration or drug toxicology results) or a DUI based on your behavior and other factors. Generally speaking, however, the prosecution must be able to show that:
- You were driving a vehicle; and
- You were under the influence, which Colorado law defines as consuming drugs and/or alcohol in a way that “affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient control, or due care in the safe operation of a vehicle.”
For a DUI per se, the prosecution will only need to show that you were driving a vehicle and had a BAC at or above 0.08 percent for alcohol.
Possible Defense Strategies Amidst Colorado’s High DUI Conviction Rates
Given the high rate of convictions for DUIs in Colorado, it is crucial to begin working with a defense attorney on your defense strategy as soon as possible. The best defense strategy in your case will depend on the facts and how the prosecutor is likely approaching the case, but some examples of potential defenses include:
- Constitutional violation (such as an unlawful search under the Fourth Amendment);
- Defective breath test results;
- Inaccurately obtained blood test results; or
- You were not actually driving under the influence according to Colorado law.
Contact a Denver DUI Defense Attorney for Help Defending Against DWAI or DUI Charges You Are Facing in Colorado
DUI charges need to be taken seriously in Colorado. Given the high rate of convictions for drunk and drugged driving in the state, in addition to the serious penalties you can face if you are convicted, it is important to do everything you can to build a strong defense against the charges you are facing. One of the experienced Denver DUI defense attorneys at DeChant Law can discuss your case with you today and options for your defense. Contact us today to find out more about the DUI defense services we provide in Colorado.
Sources:
law.justia.com/codes/colorado/title-42/regulation-of-vehicles-and-traffic/article-4/part-13/section-42-4-1301/
publicsafety.colorado.gov/press-release/colorado-division-of-criminal-justice-publishes-report-on-colorado-dui-offenses-0
