Blood Alcohol Content Important Factor in Colorado Cases
Under Colorado’s Express Consent law you have the ability to choose to do either a blood or a breath test when suspected of a DUI. If you are facing a DUI charge in Colorado your defense is much more than examining whether you were simply over the limit or not.
Your blood or breath alcohol content (BAC) matters in Colorado. Your BAC will impact your driver’s license and it will impact your criminal case as well.
Four Factors Are Most Relevant
In Colorado the importance of a particular BAC can be broken down into four areas of relevance.
- If you have a BAC between .05 – .079 you are presumed to be Driving While Ability Impaired. In Colorado you may be DWAI if you are proven to have been driving a motor vehicle while your ability to do so was impaired to slightest degree by drugs, alcohol or both.
- If you have a BAC higher than .08 you are considered DUI per se. DUI per se essentially means that you were driving a motor vehicle while you were substantially incapable of operating a motor vehicle.
- If you have a BAC higher than .15 you will be considered a Persistent Drunk Driver by the Colorado DMV, and you have additional requirements to get a driver’s license if you lose your DMV hearing.
- A BAC higher than .20 means you will be facing a mandatory minimum of 10 days in the county jail if you are convicted.
Don’t Lose Hope
So you did either a blood test or a breath test and your BAC is a lot higher than you wished it were. Hope is not lost. Your Colorado DUI lawyer at Hernandez & Associates, P.C., is trained to examine these tests, their machines, and their procedures. The prosecution has the complete obligation to prove the validity of your test result. Hold the DA to their burden and fight back against the machines.
Your Defense Starts Here
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this website or any of the email links contained within the site do not create an attorney-client relationship between Hernandez & Associates and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.