Could Proposed Drunk Driving Limits Mean a DUI for You?

The National Transportation Safety Board is suggesting that states consider lowering the legal limit for a DUI from a 0.080 to a 0.050.  Currently the legal limit in Colorado for a DUI is 0.080, but the limit has not always been this low.  Under Colorado law, if a driver’s blood alcohol content is 0.050 or higher, but less than 0.080, then the person is presumed to be impaired, meaning the person can be charged with a DWAI.

If the Colorado legislature were to lower the legal limit for a DUI to a 0.050, you may be wondering whether it makes any difference since Colorado law already allows people with a BAC as low as a 0.050 to be charged with a DWAI.  There are a few reasons such a change in the law would have an impact on citizens.  First, as the law currently stands, the 0.050 limit is only a presumption it is not a per se limit.  This means that you can present evidence to show that even at a BAC of 0.050, you were not impaired.  If the legislature were to lower the legal limit to 0.050, then so long as your BAC results were a 0.050 or greater, you are guilty of a DUI.  Second, there is a law in Colorado called the Express Consent Law that has an impact on your privilege to drive in the State of Colorado.  Currently, if your BAC results are a 0.080 or greater, then the Department of Motor Vehicle revokes your license.  If, however, your BAC is lower than a 0.080, but higher than a 0.050, then DMV may not get to summarily revoke your license.

The following link is to a brief video addressing this issue:|newswell|text|FRONTPAGE|featured