The simple answer here is that you need an experienced DUI attorney to handle your case. The DA can attempt to proceed by calling the officers and having them testify that you appeared intoxicated. A good attorney is going to be able to attack a case like this from multiple directions.
Even without tests, these are complicated cases. You will likely want someone who is familiar with police DREs (so called drug recognition experts) and has learned or received training on how to attack DUI drugs cases. Given the potential felony drug charges and the attempt to use you as a CI, it would be beneficial if the person has handled felony drug cases as well.
Lastly, your stop and search is potentially problematic. Lots of police officers are illegally searching cars by falsely claiming inventory searches are occurring when they are actually just wanting to search your car like they used to be able to do, but cannot because changes in the case law.
You have a complicated situation. Seek out the best DUI/felony lawyer you can who is good at duid cases and also familiar with inventory search litigation and drug cases.
Best of luck and please feel free to call or email if you have any questions or need clarification.
Lubchenco, Kendrick, & Baldridge, L.L.P. 720-644-6413. The information provided here does not create an attorney-client relationship. If you are interested in a free consultation, please contact us at 720-644-6413.
I agree with Mr. Lubchenco (as normal). It is a real stretch that they are charging you with the charges that they have field. However, they can and they did charge you. Now, you need to retain an excellent criminal defense attorney like Mr. Lubchenco in order to assist you on this case. Most of us offer free or at least heavily discounted initial consultations.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
First, the Colorado Public Defenders are some of the best trial attorneys in Colorado. Some clients feel that they won't get the individualized attention that they would expect from private counsel.
If you believe that your case would best be handled by private counsel, there are many great attorneys here who focus their practice on DUI defense.
Can the DA charge you with the evidence you have described? Yes but it appears to be a fairly circumstantial case and a qualified DUI defense attorney will challenge this evidence in court.
If I can be of further assistance, please contact my offense.
Best of luck to you.
No answer here should be considered to form an attorney-client relationship. You should consult with a licensed attorney in your jurisdiction so that a full evaluation of the facts of your case can be conducted.
I agree with my colleagues. Bottom line is that you need an experienced criminal defense attorney ASAP to fight all of the charges and tickets. You may have good arguments, dont make a mistake on procedural grounds. Let an attorney represent you, Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.