You probably already know that being charged with driving under the influence of alcohol or drugs is a serious offense. What you may not realize, however, is how complex DUI law is. If you are arrested and charged with a DUI offense in the area of Denver, CO, you should speak with an experienced DUI attorney as soon as possible. It’s important that you also take the time to understand state DUI laws. Here are some questions you may have.
What is the definition of DUI? Driving under the influence is defined in Colorado as having a blood alcohol concentration, or BAC, of either 0.08% or more. Having a BAC of between 0.05% and 0.08% is defined as driving with ability impaired, or DWAI. The laws are stricter for drivers under the age of 21, who may have their licenses revoked if they are found to have a BAC as low as 0.02%.
Do I have to consent to being tested? Colorado has an express consent law, which means that you are required to submit to a chemical test if you have been stopped by a law enforcement officer on suspicion of DUI.
What are the penalties for a DUI charge? If you are a first-time offender and you are convicted, you may serve 5 days or more in jail and a minimum of $600 in fines. The penalties increase with every successive conviction.
Is marijuana included in DUI laws? Marijuana has been legal in the state of Colorado since 2013, but it is still unlawful to drive while you are under the influence of this drug. DUI is defined as having in excess of 5 nanograms of THC per milliliter of blood in your body. If you are found to have more than this much marijuana in your system, you may be charged with a DUI offense.
What should I do if I am arrested for DUI? You may assume that there is no possible defense against a DUI charge, but that is not the case. In many cases, the state’s case against you can be successfully challenged. A seasoned attorney can help you understand what your legal rights are and how to protect them.