Advances in science have made provided law enforcement officers and judges additional ammo and resources in their attempts to charge and convict DUI offenders. While the introduction of blood-alcohol content (BAC) devices, such as breathalyzers may seem like an event that occurred long, long ago, they’re legacy continues to impact drivers even today. For instance, even though drunk drivers may be able to get around basic sobriety field tests, they cannot get around a BAC device which can objectively determine levels of intoxication.
While you may be aware that if you’ve been drinking and you show outward signs of excessive intoxication, then law enforcement may charge you with a DUI, you may not be aware that law enforcement can charge you with a similar misdemeanor, a DUI per se, if you’re blood-alcohol registers 0.08 or they suspect your blood-alcohol content reached 0.08 or higher within two hours of you operating driving a vehicle.
In Colorado, as well as other parts of the country, “DUI per se” refers to the charge given to any driver who has been given a BAC test and registered a 0.08 or more OR the charge given to any driver who has been given a BAC test and who a law enforcement officer has a reasonable suspicion that the driver had a BAC of 0.08 or higher within 2 hours of driving. In other words, the charge rests solely on the basis of your blood-alcohol content and not on any outward signs of excessive intoxication.
As such, should a law enforcement officer charge you with a DUI, you should do everything within your means to provide your DUI defense attorney with as many details surrounding the event as possible. By supplying all these important details, your Colorado DUI defense attorney can make distinctions that provide you with the best defense possible. Since sentences for a DUI and a DUI per se are identical, not only does it behoove you to contact an attorney immediately after you’ve been charged, it also serves in your best interest to make sure you communicate to your attorney whether or not law enforcement officers administered a BAC test.