What is the Blood Alcohol Concentration Required for DUI Charges?
If you were recently arrested for driving under the influence (DUI) in Colorado, you are likely thinking about options for fighting the case against you. One issue you may be considering is whether you actually had a blood alcohol concentration (BAC) that showed you to be “over” the legal limit for alcohol in Colorado, and whether that could be a way to defend against DUI charges. As such, you are likely wondering: what is the BAC required for DUI charges?
While there is a BAC associated with DUI cases in Colorado, it is important to know that you do not have to have a BAC at or above a specific amount in order to face charges for intoxicated driving. Our Denver DUI defense attorneys can explain in more detail.
DUIs and DWAIs Can Be Charged Based on a Driver’s Actions
First, it is important to know that a DUI or the offense of driving while ability impaired (DWAI) can be charged regardless of whether you have a particular blood alcohol concentration.
Under Colorado law, “a person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence.” Driving under the influence, according to Colorado law, means “driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, 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 physical control, or due care in the safe operation of a vehicle.
A person can face DWAI charges if that person “drives a motor vehicle or vehicle while impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs.” Colorado law defines “driving while ability impaired to mean “driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”
If a person is driving under the influence or with ability impaired according to the above definitions (as evidenced by behavior behind the wheel), they can face DUI or DWI charges regardless of BAC.
BACs to Charge DUI and DWI
While you can face DUI or DWAI charges based on the conduct described above, having a BAC over a particular amount can result in the offense of a DUI per se.
If you have a BAC of 0.05 percent or higher, but less than 0.08 percent, you can face DWAI charges. If you have a BAC at or above 0.08 percent, you can face DUI charges.
It is also important to be clear that a BAC does not account for drug use. Accordingly, DUI-D cases always occur without a breath test to determine BAC.
Contact a Denver DUI Defense Attorney
Were you arrested for driving under the influence or driving while ability impaired in Colorado? Whether you are facing charges for alcohol intoxication or drugs and a DUI-D, an experienced Denver DUI defense lawyer at DeChant Law can speak with you today about your defense options. We can work with you to tailor a defense strategy to the facts of your case, and we will do everything we can to help you avoid a conviction. Contact us today for additional information.
Source:
law.justia.com/codes/colorado/title-42/regulation-of-vehicles-and-traffic/article-4/part-13/section-42-4-1301/
