DUI – Driving Under The Influence
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Defending Against DUI Charges

In Colorado, it is against the law to drive under the influence of alcohol, drug, or both alcohol and drugs. DUI cases can sometimes get complicated. If you consented to a breath or blood test when you were stopped by police, you may also be facing a charge of “DUI per se.” Colorado has established a “per se” limit for blood alcohol content (“BAC”) of .08, and has made a law that says that it is illegal to drive with a BAC that high. That means that if you have a BAC of .08 or greater, you can be convicted of DUI per se even if you are not convicted of an ordinary DUI charge.

Beyond DUI per se, a BAC of .08 or greater has consequences for the traditional DUI charge you may be facing. If your BAC is .08 or greater, it is easier for the prosecution to argue that you were, in fact, substantially incapable of operating your vehicle as your BAC was higher than the limit that has been shown to cause substantial impairment.

In other cases, you can be found guilty of DUI even if your blood or breath alcohol content is less than 0.08 (though you can not be found guilty of DUI per se. Remember, there must be a BAC of .08 or greater to be convicted of DUI per se). The prosecution can prove that you were substantially incapable of operating your vehicle even if your BAC was less than .08. It can do so through evidence about your erratic driving, statements that you may have made to police or other evidence that is relevant to proving whether you were incapable of driving.

In all of these scenarios, presenting your defense can be difficult. You should speak with an experienced defense attorney if you are facing allegations of driving under the influence.

Penalties are more severe for a subsequent conviction and when a defendant’s blood or breath alcohol content is 0.20 or higher. The penalties include a minimum of 10 days in jail. The judge in those cases has discretion to impose jail alternatives like work crew or house arrest, but you must argue and present a case for why you should be sentenced to an alternative in the event you are convicted.

Contact Us For A Free Consultation

Cheney Galluzzi & Howard is here to help. From your first consultation, we are committed to helping you and devoted to effectively advancing your position. If you are facing a DUI charge, call our Denver office today at 303-845-7082 to schedule your free consultation. You may also contact us online.