BAC What is it?
How blood alcohol concentration can impact your DUI in Colorado.
Drunk driving laws in Colorado are mostly similar to other DUI laws in the United States, however Colorado also has a DWAI (Driving While Ability Impaired) law with a blood alcohol concentration (BAC) level that is lower than most states. It is important to understand what your limits are – when you are able to drive and when you are breaking the law. The penalties are substantial, including license suspension and jail time. Our Colorado Springs DUI attorneys have experience with the legal process and can fight for your rights in every court and administrative hearing.
BAC (Blood Alcohol Concentration) levels are used as a measure of alcohol intoxication for legal and medical purposes. Colorado law enforcement defines drunk driving offenses as:
- DUI (Driving Under the Influence) – BAC of .08% or higher
- DWAI (Driving While Ability Impaired) – BAC between .05% and .08%
There is no standard drink limit that can guarantee your BAC levels are under. 05%. There are many variables that determine whether or not an individual has reached the legal limit. Some factors include: age, weight, physical condition, the alcohol content of your chosen drinks, etc. Since it is difficult to decide whether you are legally drunk or not, the safest option is simply not to drive if you have had anything to drink at all.
While DWAI penalties are not as strict as DUI penalties, you will still receive a criminal misdemeanor charge. The consequences may include fines and incarceration. Your license may be suspended and eight points added to your driving record. A Colorado DUI attorney can help you decide whether you want to try a plea bargain and whether you have the grounds to fight the charges.
In order to reduce alcohol-related injuries and deaths, the State of Colorado makes DUI enforcement a top priority. If you show signs of impairment while driving, you will be asked to perform a roadside sobriety test as well as a chemical test of either your blood or breath. Colorado’s express consent law states that if you refuse to take a chemical test you are subject to a fine and your driver’s license will be automatically revoked for one year. The second time you refuse a test, results in suspension of your license for 2 years. After the third, your license will be suspended for 3 years and you may only request a restricted license with an ignition interlock device after one year has passed.
After an arrest, a DUI attorney in Colorado Springs can enter a plea agreement for a client. The defendant may be able to receive a “wet reckless” conviction where a drunk driving charge is reduced to a case of reckless driving. There’s no guarantee that a wet reckless plea bargain will be accepted in Colorado, but a lawyer can advise you on which route to take as well as fight for your rights in court. Colorado has no lookback period, so any previous DUI arrest counts as a prior arrest no matter how long ago it happened. Our Colorado Springs lawyers will fight for your rights in court and give you a realistic chance for a successful outcome.