Blood Alcohol Content
DUI Defense in Fort Collins
One of the most common occurring charges within the country as well as the courtrooms of Colorado is related to driving under the influence of alcohol, also known as “drunk driving” or DUI. These kinds of charges have become one of the most challenging types to defend within the court system. This is not only due to increased bias and stereotyping among judges and juries, but because there are not the same numbers of constitutional safeguards provided for defendants who have been accused of DUIs.
Prosecutors often rely on the science of blood alcohol content (BAC) levels to prove that a defendant was drunk while driving, but these “magical” numbers and the levels of genuine intoxication vary between person to person. Trust your Fort Collins DUI attorney at the Law Office of Kevin R. Churchill to aggressively defend your case.
Countering Inaccuracies of BAC Testing
People who have been arrested and then convicted of DUIs face much more serious penalties and harsher consequences than ever before, all based on the Per Se laws regarding BAC. However, blood alcohol content is not always an accurate figure when it comes to testing true intoxication.
Per Se Laws Regarding Blood Alcohol Content in Colorado
In the state of Colorado, there are certain mandatory laws on blood alcohol content, which is the main determining factor regarding offenses related to alcohol. According to these Per Se laws, it is illegal to drive a vehicle above a certain alcohol level, as measured by a blood or breath test. The law does not ban any person from drinking any amount so long as they do not drive, but controversy starts when deciding whether the driver was actually above the legal limit at the time of driving.
Some of the effects of different blood alcohol content include the following:
- At 0.020, which is the legalized limit for any minor in the state of Colorado, drinkers will begin to feel moderate effects.
- At 0.040, most drinkers start to feel over-relaxed.
- At 0.060, the brain’s ability to make key decisions and mental judgments is impaired.
- At 0.080, which is the legalized limit of intoxication for adults across the country as well as Colorado, there is a severe impairment of driving skills and muscle coordination.
- In between 0.100 and 0.15, individuals face increasing levels of deterioration, with vomiting and blackouts. Higher levels than 0.25 usually result in a loss of consciousness and even death.
Defenses Against Blood Alcohol Content Charges
Something many people are unaware of is the fact that blood alcohol level changes with time. You may actually have more alcohol in your blood after drinking than you did while you were drinking. The Colorado "Per Se" law requires that you be tested within two hours of the last moment you were known to have driven.
However, even if the police fail to test you within that time, the prosecutor can instead try to convict you differently by convincing the jury that you were “substantially impaired.”