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Understanding the Law and Hiring a Colorado DUI Attorney
Though your Blood Alcohol Content (BAC) must be 0.08% or greater to constitute a DUI in the state of Colorado, a little-known fact of Colorado DUI law is that you can be arrested if your BAC registers between 0.05% and 0.08%. This is called Driving While Ability Impaired (DWAI). If you are arrested for either a DUI or DWAI, it may be in your best interest to contact a legal professional ASAP as you only have 7 days from the seizure of your license to request an administrative hearing to potentially get your license back.
In addition to helping you negotiate with the DMV for a probationary license, a Colorado DUI attorney should be able to help you proceed with your criminal case and will try to lessen – or prevent – penalties against you.
Following are some facts about Colorado DUI arrests:
- If you fail to take a BAC test, your license will be taken away for a minimum of 1 year, without the ability of reinstatement. (Holding a valid driver’s license carries implied consent – meaning that you agree to any roadside testing.)
- A first offense DUI charge carries with it a 5 day jail sentence
- A police officer must have probable cause to pull you over
- Blood tests are the most accurate method of measuring BAC
- Chemical tests must be performed within 2 hours of pulling you over to be considered accurate
- The Breathalyzer Test measures the level of methyl in your breath. Since many chemicals and substances can cause a high level of methyl molecules in your system, you may be considered intoxicated even though you have consumed no alcohol.