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DEFENSES TO UNDERAGE DRUNK DRIVING

On Behalf of The Foley Law Firm | September 20, 2017

One of the worst decisions you can make in life is to drive under the influence of alcohol. You can make the situation worse by driving under the influence when underage. Underage drinking is, and always will be, a big problem in Colorado and across the country. Here are some possible defenses to underage drunk driving in Colorado.

One of the most common ways to have an underage drunk driving charge tossed in court is if there was a failure in protocol. For example, maybe the police officer who pulled you over and arrested you failed to read you your Miranda rights. It's also possible that if you were never given the option for a licensed physician to administer the breath test, you might be able to have the charges dismissed.

Even if none of the above fits into your case, you might still have a chance at getting the underage drunk driving charge dropped by bringing in an expert witness to challenge the observations of the office who made the traffic stop and subsequent arrest.

One of the biggest defense methods used in fighting underage drunk driving charges is proving that there was not probable cause to pull you over in the first place. This means that you must have violated a law in order for an office to pull you over. This includes speeding, running a red light, failing to stop at a stop sign, changing lanes without signaling and much more.

The officer who initiated the traffic stop must also establish probable cause for you to be under the influence of alcohol. Valid reasons for this include the officer seeing an open container in the car, the smell of alcohol in the car, the smell of alcohol on your breath and the smell of alcohol on your clothes.

Have you been arrested and charged with underage drunk driving? Visit our site to learn more about the charge, the penalties you face and how an experienced Colorado Springs criminal defense attorney can help your case.

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