What Does DUI Per Se Mean?
Colorado law recognizes multiple types of offenses related to intoxicated driving. Driving while ability impaired (DWAI) and driving under the influence (DUI) are the most commonly known offenses, but it is also important to understand how Colorado law defines other intoxicated driving terms, such as DUI-D and DUI per se. Whether you are facing first-time charges for intoxicated driving, or you have a previous record of intoxicated driving-related convictions, it is critical to have a lawyer who can help you with your defense. If you are facing charges in connection with a DUI per se, it is important to understand what this offense involves and how you can defend against it.
Our Denver DUI defense lawyers can explain the DUI per se in more detail, and we can discuss potential defense strategies with you today.
Understanding Per Se Laws and Intoxicated Driving in Colorado
Under Colorado law, there are two different circumstances in which a person can face DWAI charges, and two different circumstances in which a person can face DUI charges.
According to 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” can face DUI charges. You can face DWAI charges for “driving 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.” DWAI charges are less severe than DUI charges but should nonetheless be taken extremely seriously. A person can face either of these charges based on visual evidence observed by a law enforcement official.
At the same time, it is critical to know that a person can face DWAI charges if they have a blood alcohol concentration (BAC) of 0.05 percent or higher, but less than 0.08 percent. A person can face DUI charges if they have a BAC of 0.08 percent or higher. Charges for a DWAI or a DUI brought on the basis of a person’s blood alcohol concentration are “per se” charges. Accordingly, you can face charges for a DUI per se if you have a BAC of 0.08 percent or higher.
Defending Against Per Se Charges in Colorado
In order to defend against DUI per se charges, it will be important to gather information to refute the BAC reading that showed you had a BAC of 0.05 or higher for DWAI or DUI charges. There are multiple ways that you may be able to show that a breathalyzer or other chemical test should not be used against you, such as:
- Defective breathalyzer machine;
- Improperly conducted breathalyzer test;
- Tainted blood sample due to improper storage; or
- Incorrectly drawn blood sample.
The best defense will be tailored to the specific facts of your case.
Contact a Denver DUI Defense Lawyer
If you were arrested for a DUI, DWAI, or DUI-D, it is essential to have experienced legal counsel on your side to help you fight the charges you are facing. A conviction for even a first-time DUI per se can result in some jail time, and if you have a previous record of intoxicated driving, the consequences of a conviction can be significantly more severe. One of the experienced Denver DUI defense attorneys at DeChant Law can talk to you to learn more about the details of your case and to begin working on a defense strategy. Contact us to get started on your defense today.
Source:
law.justia.com/codes/colorado/2021/title-42/article-4/part-13/section-42-4-1301/
