Colorado Criminal Law Guide

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  • COLORADO CRIMINAL LAW GUIDE
    • DOMESTIC VIOLENCE
    • DRIVING UNDER THE INFLUENCE
      • GENERAL OVERVIEW
      • LAW ENFORCEMENT CONTACT
      • DRINKING AND DRIVING INVESTIGATION
      • CHEMICAL TESTS (BLOOD, BREATH AND URINE)
      • DEPARTMENT OF MOTOR VEHICLES
    • MARIJUANA, MARIHUANA
      • PENALTIES UNDER COLORADO LAW
      • MEDICAL MARIJUANA
      • MARIJUANA - VARIOUS NAMES

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CHEMICAL TESTS (BLOOD, BREATH AND URINE)

Chemical Tests: In Colorado, once the officer has placed the DUI suspect under arrest, the officer should give the DUI suspect a choice to take either a blood or breath test (if the officer believes the person is on drugs, the officer can make the choice between blood or urine).  These are the tests used to determine a person’s BAC (BrAC for breath test).  The BAC is basically the measurement of the amount of alcohol in a person’s blood stream.  A person driving in the state of Colorado has automatically “expressed consent” to take a blood, breath, or urine test once the officer has reasonable suspicion that the driver has been drinking (or taking drugs).  If the DUI suspect refuses to take the test that person will have his / her Colorado driving privileges revoked for 1 year for a first time refusal.

Charges: In Colorado a person may be charged with Driving Under The Influence (DUI) or Driving While Ability Impaired (DWAI).  The BAC for a DUI charge is .08 or higher while a DWAI is .05 - .079.  A minor will be charged with DUI if the minor’s BAC is .02 or higher.
 
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Colorado Criminal Law Guide, Copyright © Black & Graham, LLC  (www.blackgraham.com). Reprint Information

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This site is informational, and not a substitute for legal advice from one of the Colorado Springs criminal defense law firms, lawyers or attorneys. Only a signed agreement with this Colorado Springs law firm creates a lawyer-client relationship. We practice in Colorado Springs / El Paso, Teller, Douglas, and Pueblo Counties in Colorado Criminal Defense (DUI / DWAI, drug offenses, theft, domestic violence, assault, forgery, sex assault, etc).  Login