Legal Question in DUI Law in Colorado

Re: Arrested for DUI

you can still be charged - BTW, I am an LSU grad and grew up in BR. Georgetown law.

Re: Arrested for DUI

In Colorado there are three drunk driving offenses. Two of those offenses, DWAI and DUI do not depend upon an alcohol level. DWAI means that you are impaired to the slightest degree. DUI means your are substantially incapable of safe driving. Only the third, DUI per se (excess alcohol content) requires a test. DUI per se means over 0.08 BAC.

Re: Arrested for DUI

That is not true.

A person can be contacted when the officer has articulable reasonable suspicion to effect a stop and make contact. Thereafter, to require the driver to take the chemical test to determine his or her BAC the officer must have probable cause which is determined from the totality of the circumstances and reasonable inferences therefrom.

Further,In Colorado there are four drunk driving offenses. Two of those offenses, DWAI and DUI do not depend upon an alcohol level. DWAI means that you are impaired to the slightest degree to drive or control the vehicle and have consumed alcohol or drugs. DUI means your are substantially incapable of safely driving or controlling the vehicle and have consumed alcohol or drugs.

The third, DUI per se (excess alcohol content) requires a test. DUI per se means over 0.08 BAC.

The fourth is DUi with a BAC of .20 or more which also requires a test and results in mandatory jail sentence.

Also note that the fact a refusal to take the test was invoked is admissible can be used in a trial and there is no cliam of self incrimination.

Also there is one more where a test is required, in cases where the driver is under 21 years and his or her BAC is at least .02 and not more than .05.

The BAC test results are only rebuttable presumptions of intoxication or impairment. It depends on what the report put in his report and on how he testifies at motions and iin trial.