In cases involving DWAI in Colorado, even more, defenses are available due to the state’s inability to produce a .08 or above BAC reading. Many cases involving DWAI in Colorado are based on a law enforcement officer’s subjective opinions and actions. Some challenges may include:
No Reasonable Suspicion for the Stop
Some cues that law enforcement officers may rely on to assess intoxication may not be sufficient to support a stop. For example, if a car is weaving inside a lane, it is not a violation until the vehicle crosses into another lane. Even if there was a reason to stop the vehicle, if there is no information in the police report or the law enforcement officer cannot recall the reason for this particular stop of all the stops that he or she conducts, the case can be dismissed.
A Non-Approved Breathalyzer Device Was Used
Since DWAI cases rely on a BAC of at least 0.05, a breathalyzer test may be used to support this finding. However, not all breathalyzer machines are approved. Portable machines are often much less reliable and subject to inconsistency. So if the only test result that supports the arrest is from a non-approved device, there may not be adequate evidence to support a conviction.
Other Causes Resulted in Perceived Signs of Impairment
In some cases, law enforcement may misinterpret signs of impairment that are actually caused by other factors. For example, watery eyes may be due to environmental pollutants, drowsiness or a medical condition. Slurred speech may be caused by a speech problem or nervousness with dealing with law enforcement. Individuals who refuse to take field sobriety tests may do so because they know they have difficulty balancing or do not trust that these tests are actually objective.