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Personal Breathalyzers May Not Prevent DUI Arrests

On Behalf of The Foley Law Firm | March 24, 2020

In most American regions, the legal blood alcohol concentration (BAC) limit for adult drivers measures at 0.08% or lower. Experts believe motorists measuring under this limit are still sober enough to operate a motor vehicle safely.

In Colorado, the authorities take quite a harsh stance against any form of drunk driving. Law enforcement officers make DUI arrests frequently to stay ahead of the problem and keep other motorists safe. What many Colorado Springs residents fail to realize is that you can face impaired driving charges even if your BAC measures less than 0.08%.

Driving while ability-impaired (DWAI) and driving under the influence (DUI) are two separate offenses in Colorado Springs, with DUI being the most serious offense. However, if you are arrested on either charge, you will benefit from a strong drunk driving defense. The section below can help you understand each of these offenses.

Driving under the influence charges apply when a motorist has a BAC of 0.08% or higher. Upon conviction of a first offense, defendants can incur penalties of up to a year in jail, up to $1,000 in fines and an order to provide up to 96 hours of public service.

Driving while ability impaired charges may apply when a motorist has a BAC of between 0.05% and 0.07%. The penalties associated with a first offense include up to 180 days in jail, up to $500 in fines and a public service sentence of up to 48 hours.

If a defendant has already been convicted on either charge, the penalties will increase. Whether it is your first, second or even third arrest on either charge, a sound drunk driving defense can make a big difference in how your case proceeds. A good way to protect yourself is to discuss the defense options at your disposal with a knowledgeable legal advocate.

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