In Colorado, the legal limit for driving after drinking is .08%. At a .08% blood alcohol concentration, the state automatically assumes that you are too impaired to drive safely. This is the per se limit, which means that the police or authorities need no other evidence to show your impairment.
Colorado has two different kinds of alcohol-related offenses. These are DUIs and DWAIs. The first is driving under the influence of alcohol or drugs. The second is driving while ability is impaired.
Despite the .08% limit, you can be arrested at a lower BAC
Despite the fact that .08% is the legal limit, you can be arrested if you have a lower blood alcohol concentration. To do this, the officer who stops you may need to have you take field sobriety tests to show that you are too impaired to drive.
For example, if you blow a .05% BAC on the Breathalyzer test and then fail the three main field sobriety tests, the officer may arrest you and use those tests as proof of your impairment. You can argue against the results later, but at the time of the arrest the officer will have enough evidence to take you into the police station.
You can also be arrested if you have 5 nanograms or more of delta-9 THC in your blood, which is a unique limit for Colorado.
What can you do if you feel that you were falsely accused?
There are plenty of reasons why you may be stopped and arrested for a DUI or DWAI despite not being impaired. Neurological conditions, diabetes and some other health conditions can mimic intoxication.
Anything from severe dehydration to physical disabilities could result in unusual driving behaviors and actions. You have the opportunity to argue against the charges if you were falsely accused as a result of one of these issues.
You can also fight back if you feel that the tests were not given correctly, that the Breathalyzer was not accurate or if there were any other issues with how your case was handled. Your attorney will look into all aspects of the case to help you build your defense.