Many driving under the influence (DUI) charges in Colorado are relatively straightforward matters. A motorist causes a crash or drives in a highly dangerous manner after consuming alcoholic beverages. Police officers responding to reports of a collision may perform tests. Those patrolling traffic may stop someone that they suspect of impairment.
Proof of diminished driving ability often plays an important role in Colorado DUI cases. Police officers use field sobriety tests and video footage of someone’s driving to convince the courts of their impairment. Other times, a driver may end up arrested despite driving in a perfectly normal manner. Police officers may accuse them of a per se DUI offense because of the results of a breath test.
What constitutes a per se DUI?
The law in Colorado prohibits driving if someone is aware that chemical intoxication may compromise their abilities. It is also illegal to drive when someone’s blood alcohol concentration (BAC) reaches 0.08% or higher. The law in Colorado makes driving with an elevated BAC a crime in and of itself. That is essentially what a per se violation is. It is a violation of the specific limits set by the law.
The state does not need to establish actual impairment to prosecute a driver for a DUI. Instead, test results showing that their BAC was over the legal limit are all that is necessary to bring charges and push for a conviction.
How do people fight per se DUI charges?
The best defense to a per se DUI charge is different than a defense strategy someone might use after a crash. Oftentimes, the goal is to undermine the accuracy of the chemical test results or provide an alternate explanation. Some people may have medical conditions that affect testing. Other times, issues with device calibration and maintenance could lead to inaccurate test results. Occasionally, an attorney can even fight the inclusion of test evidence at trial based on an illegal traffic stop.
Reviewing the situation that led to a DUI arrest with a skilled legal team can help with defendant prepare the best criminal defense strategy possible given the details of the circumstances. Those who fight DUI charges successfully can avoid jail time and criminal records that can affect their lives for years.