3 things you may not know about the blood alcohol concentration

On Behalf of | Aug 13, 2021 | Criminal Defense, Drunk Driving, DUI/DWAI |

If you are planning to visit Breckenridge this winter, you are undoubtedly in for some excellent skiing, delicious cuisine and beautiful views. When you anywhere in the Centennial State, though, you must beware of enhanced drunk driving enforcement.

Colorado law prohibits anyone with a blood alcohol concentration greater than 0.08% from driving or having physical control over a motor vehicle. While you probably already know BAC is the amount of alcohol in your system, three BAC-related things may surprise you.

1. Breath tests are not always accurate

To support a DUI arrest, officers often ask suspected intoxicated drivers to breathe into a testing device. Regrettably, these devices may not be as accurate as officers and prosecutors would like you to believe. From poor calibration to the foods you eat, many factors may contribute to false-positive test results.

2. Prosecutors use your BAC to determine criminal charges

Colorado law prohibits two types of alcohol-related driving: DUI and driving while ability impaired. If you have a BAC of 0.08% or higher, you may face DUI charges. A BAC between 0.05% and 0.079% typically constitutes DWAI. Remember, though, you can even face DWAI charges for driving with a BAC below 0.05% if alcohol consumption interferes with your ability to drive safely.

3. A high BAC makes you a persistent drunk driver

In Colorado, driving with a BAC of 0.15% or higher categorizes you as a persistent drunk driver. This designation adds additional requirements you must complete regaining your driving privileges after a DUI conviction.

While BAC may seem like a technical matter, the amount of alcohol in your system may make a considerable difference in both the charges and penalties you face. Ultimately, to better defend yourself, you probably want to know your BAC at the time of your arrest.