Legal Question in Traffic Law in Colorado
my son is 22years old. He was driving home and was pulled over for failure to yield. he was give a breathalizer which registered .02 bac. He was cited for DUI and failure to yield. The truck was parked and he walked home. He is in Alamosa, Colorado. I Ithought DUI was.08 bac?Why was he not arrested if it is a DUI? What are his options?
1 Answer from Attorneys
.08 is the presumptive level for DUI. They can still prosecute at a lower level if they feel they have sufficient evidence that even at that miniscule level he still showed signs of intoxication. That being said, at levels under .05 he gets a presumption that he was not under the influence.
For all practical purposes, receiving the summons and complaint for DUI and betting taken in for chemical testing counts as an arrest.
His option is to go to court to try to get it dismissed.
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