How Much Is Too Much for a DUI?

How Much Can I Safely Have to Drink and Drive?

Recently, a proposal from the National Transportation Safety Board sparked debate regarding DUI laws.  The NTSB proposed a lowering of the legal limit for drunk driving.  The current limit is 0.080.  The NTSB proposed reducing that limit to 0.050.  Currently, in Colorado, while the legal limit for a DUI is 0.080, the legal presumption for a DWAI is already 0.050.  Under Colorado law, if your BAC is equal to or greater than a 0.080, then you are per se under the influence, meaning, regardless of any other circumstances or factors, if your BAC is a 0.080 or greater, you have committed the offense of DUI.  In contrast, under Colorado law, if your BAC is a 0.050 or greater, but less than a 0.080, then there is a legal presumption that you are impaired, but the presumption is rebuttable, meaning you can present evidence to try to show that you were not impaired.  However, in most situations, if your BAC is a 0.050 or greater, the police are going to charge you with DWAI regardless of the circumstances.  The best way to ensure you will not be charged with a DWAI or DUI is to ensure you are not driving with a BAC that exceeds the legal limit and/or presumptions.

There are charts, graphs and even apps that provide information about how much alcohol a person can drink and safely drive.  While these resources may take into account variables such as your height, weight, gender, etc., these resources cannot guarantee accuracy.  Even devices that take an actual breath sample cannot guarantee accuracy.  For example, even the portable breath testing machines that police officers use are not admissible in court because they are not reliable.  The only test results that are admissible in court are blood test results or breath test results that are obtained using large state certified machines, called the Intoxilyzer.

If you find yourself in a situation where you mis-assessed your sobriety level, please contact us to see how we can help.  The penalties for a DUI or DWAI can be severe.

Blood Alcohol Testers for Those Without Badges

The National Transportation Safety Board recently proposed that the legal limit for drunk driving be dropped from 0.080 to 0.50.  This discussion has sparked interest in devices that might allow people to test their own blood alcohol level before getting behind the wheel of a car.  Such devices may come in the form of a smartphone accessory with an accompanying app.  Be forewarned, however, that these devices are no guarantee that your blood alcohol level is below the legal limit.  For more information regarding these devices, see the article link below.