You can face DUI charges even if you never imbibed

Many people are glad about the new marijuana laws in Colorado. The state has decriminalized cannabis; however, you can’t use marijuana and operate a motor vehicle under its influence. Choosing to do so can cause you to face DUI charges in court. Like most people, you know that alcohol consumption may lead to such charges as well. Do you also realize there are certain situations that can result in such charges even if you never used marijuana or imbibed an alcoholic beverage?

Concerning traffic stops and DUI charges, much depends on a police officer’s assessment of a situation. Say you see something lying in the road and swerve a bit to avoid it. Perhaps that happens again just moments later. If a police officer happens to be driving behind you, the next thing you see might be flashing red and blue lights in your rear view mirror if the officer thinks your car swerved because you are intoxicated. Arming yourself with information ahead of time may help you avoid intoxicated driving conviction.

Facts to keep in mind

Regarding alcohol, never forget that a Breathalyzer device can’t tell the difference between types of alcohol; it merely detects its presence on your breath. Therefore, ordering one type of drink over another because you think it contains less alcohol won’t necessarily help you avoid criminal legal trouble. The following information may also be useful to help you avoid DUI trouble:

  • It takes approximately three full hours for blood alcohol content of .05 in your system to drop back to zero. This means assuming that you won’t face DUI charges because you had only a single drink may be a major mistake.
  • Food consumption can help keep alcohol content levels down. This is because consuming food slows the alcohol absorption in your body. It’s always a good idea to eat more than you drink when alcohol is involved.
  • In Colorado, a fourth DUI conviction is a felony. There is also mandatory jail time attached to this offense. If you know you already have a criminal record, assuming you can have a couple drinks and keep your BAC low enough to legally operate a motor vehicle can land you behind bars.
  • Keeping in mind that blood alcohol content continues to rise even after you stop drinking may help you avoid DUI problems.

Police officers do not have free rein regarding what they may say and do during a DUI traffic stop. You have rights, and no one can undermine those rights. If you believe someone has violated your rights during or following an arrest, there is recourse through the criminal justice system to rectify the situation.

Who can help?

Getting life back on track if you face DUI charges in Colorado can take time but is often possible. In fact, it’s sometimes possible to avoid conviction altogether. Many motorists have done so by relying on experienced, aggressive legal representation in court. This is definitely the best means for challenging evidence due to civil rights violations.

About Eric Anaya

Criminal Defense Attorney Eric S. AnyaEric Anaya has been practicing criminal law for over a decade. While attending law school, Eric was appointed to the University of New Mexico’s Board of Regents by the Governor of New Mexico. Eric decided to move to Colorado to accept a position in the El Paso County District Attorney’s Office. He prosecuted hundreds of cases in County Court, but quickly was promoted to prosecute felonies. Eric made the conscious decision to change his practice and his life to defending those wrongly accused. Eric has successfully handled hundreds of cases.

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2020-04-29T10:13:20-06:00February 5th, 2018|DUI|