The blood alcohol content limit is an important standard used by police to determine if some is driving while impaired. However, every individual handles his or her alcohol intake differently, and several factors such as body weight and gender can affect how alcohol impacts the consumer. Creating a DUI defense may come as a need to even those responsible Colorado alcohol consumers as the lowering of the blood alcohol limit becomes a national issue.
The National Transportation Safety Board would like to lower the blood alcohol limit from .08 to .05. In Colorado, there is already a law in place dealing with drivers with a blood alcohol level of .05. The law is not as strict as the DUI law for drivers with a higher blood alcohol content level, but the parameter is still in place to better ensure the safety of everyone on the roadways.
As there is already this regulation dealing with the lower limit, many believe completely capping the limit at .05 is not the right move. The Colorado Restaurant Association is against creating a new standard as some consumers can reach a level of .05 or higher from having just one drink. It is arguable that a .05 level is still grounds for responsible driving.
It is always the responsibility of the consumer to monitor their alcohol consumption and recognize impairments before getting behind the wheel. However, anyone can make a mistake and have one too many drinks on occasion. Creating a DUI defense is an option for someone charged with driving under the influence. Should the blood alcohol limit be lowered, creating a defense may become more difficult. Having knowledge of the DUI laws in Colorado and being up-to-date on possible law changes could be beneficial.
Source: CBS 4 Denver, “Lawmaker Not Sure If Lowering Blood Alcohol Limit Is Right For Colorado,” May 14, 2013