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Can I get charged for DUI if I’m under the legal limit?

On Behalf of | Mar 9, 2022 | Criminal defense, Drunk Driving Charges, Dui Defense |

Some drivers pride themselves on their ability to have just one alcoholic drink or drink judiciously. They reason that they are in the clear as long as they are under the legal limit of .08 for blood alcohol content (BAC). However, drivers can still be charged for driving under the influence – the limit is a general guideline. Still, law enforcement also checks to see if the driver is too impaired to drive regardless of how much alcohol they consumed.

Who qualifies as impaired?

No additional evidence is required for an impaired driving conviction when the driver’s breathalyzer test is above the .08. There is a presumption of impairment when the BAC is that high regardless of what the driver says or how they act.

Colorado drivers can face charges or penalties even when there are scant levels in their blood. In this case, law enforcement can testify that the driver was driving erratically even the level was .05.

Some good news

A BAC level of .08 or above leaves very little wiggle room for the driver unless the officer violated the driver’s rights or improperly conducted the test. An attorney can advocate for their client regardless of the blood level. Moreover, the prosecution may have greater difficulty proving impairment when the levels are low or may have to settle for less severe charges. Whether above or below the legal limit, drivers should take these charges seriously and exercise all legal protections they enjoy under the law.