Denver DUI lawyer / there is no magic number

Yesterday I talked about a common misconception for laypeople about traffic stops: that the police need a warrant to search or arrest a suspect. Today I'll talk about another mistaken belief people hold: that they can "blow" their way out of a drunk driving conviction. Most of the cases that come to me as a Denver DUI lawyer are going to have a breath test as part of the evidence. A big part of my job is dealing with this: either trying to have it thrown out, or getting people to believe it is not important.

However, some people seem to think that because the breath or blood test is important, it is everything. The bottom line is you do not need to test over a .08 to get a drunk driving conviction. Your Denver DUI lawyer will have a much easier time arguing for an acquittal if that's the case, but it isn't everything. In fact, the number .08 is nowhere in the statute for DUI. What the Colorado Revised Statutes say is you have to have consumed alcohol or drugs, such that you are substantially incapable of exercising clear judgment, sufficient physical control or due care in safe operation of the vehicle.

The .08 number is simply designed to make it easier and more digestable for juries to understand. If you are at or above a .08, the jury is allowed to make the presumption that you were incapable of driving safely. However, a Denver DUI lawyer can still argue against that presumption, though they probably won't be betting their house on the outcome (not that any lawyer should be trying to guarantee results).

Likewise, a test under .08 does not guarantee the defendant anything. The prosecution can still introduce a variety of different pieces of evidence showing you may have violated the statute despite your BAC. They can argue that based on the field sobriety tests and the officer's observations that you were in violation of the statute. That means there is no silver bullet to get DUI charges dropped. If you get in trouble, don't hope to beat it like that. Don't submit to tests and call a lawyer right away.