On behalf of Anaya-McKedy, P.C. posted in DUI on Tuesday, November 7, 2017.
Though you, like all Colorado residents, live in an area governed by laws, you may not think too closely about those laws on a daily basis. Certainly, you understand that some actions are obviously illegal, such as theft or assault, but you may not know how the details of particular laws could lead you to face criminal charges. For instance, DUI allegations are relatively common, but you may not have expected to have such charges leveled against yourself.
If police have accused you of DUI, you could find it useful to obtain additional knowledge on state drunk driving laws and how they could apply to your situation. This information may allow you to better determine how you would like to move forward with your defense or other related actions.
Blood alcohol concentration
You may have a vague understanding that “”driving over the limit”” can lead to drunk driving charges, but what are those limits and how could they impact specific charges? In all states, a per se BAC limit of .08 percent exists. This limit means that, even if you do not exhibit signs of intoxication, you can still face DUI charges if your BAC level reaches or exceeds this amount.
Additionally, you could face increased charges if your BAC reaches other percentages. For example, if a breath or other test indicates that you have reached a BAC level of .17 percent, you could have aggravated DUI charges brought against you. This type of enhanced charge could lead to harsher punishments if a conviction takes place.
Also, age can have an impact on the relation between BAC levels and criminal allegations. If you are under 21 years old and police suspect that you are driving under the influence, your BAC level does not have to reach .08 percent. In fact, if the level is between .02 percent and .05 percent, you could still have DUI charges brought against you.
Building a defense
By knowing that BAC levels can have such a varying impact on drunk driving cases, you may find it of importance to know of any test results indicated in your case and whether the court properly obtained those results. If the BAC level acts as a vital piece of evidence against you in your criminal case, attempting to discredit that evidence may be a viable option. Of course, creating a meaningful defense can prove complicated, and you may wish to obtain professional legal assistance as you attend to your case.