Blood Alcohol Content – B.A.C. – DUI Attorney Denver
The Iyer Law Office LLC, Denver, Colorado
The B.A.C. Blood Alcohol Content Test
DUI Charges Blood Alcohol Content – B.A.C.: If you are charged with a Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI) your blood alcohol content (BAC) evidence will be very important in your case. Let’s take a look at B.A.C. and learn about the blood alcohol test.
- .05% BAC – In Colorado, drivers are presumed to be impaired (yellow area) and are subject to arrest.
- .08% BAC – Effective July 1, 2004, drivers are presumed to be under the influence (red area) and are subject to arrest. This is a more serious charge than driving while impaired and your driver’s license will be immediately confiscated and revoked for three months.
NOTE: This blood alcohol content (BAC) chart is only a guide and not sufficiently accurate to be considered legal evidence. The figures you calculate are averages. Individuals may vary somewhat in their personal alcohol tolerance. Food in the stomach slows the rate of absorption. Medication, health, and psychological conditions are also influencing factors.
The equipment that is used to test your BAC is not always accurate. The machines that are used commit errors, and sometimes they are not maintained properly. The officer that gives the test can make mistakes in following the proper procedure. This is why Colorado DUI law gives your defense lawyer the right to obtain and retest your breath or blood sample.
This means that if the officer does not save and properly preserve your sample, so that you may retest it, the BAC evidence may be thrown out.
If retesting your sample produces a result that is very different from your result at the police station, this will call the reliability of their test into question.
Your blood alcohol content is only relevant while you are driving the vehicle, not prior too or after operating the vehicle. Because alcohol takes time to absorb into your blood, your pattern of drinking on the day you are pulled over may raise doubts about the validity of their test.
If the chemical test is given too long after your vehicle was stopped, the BAC evidence may not be admissible against you.
Your criminal defense attorney will analyze this and other evidence in order to determine if the district attorney can successfully prosecute your DUI case.
If you have been charged with DUI or DWAI, contact the Iyer Law Office immediately to discuss your situation. Attorney Iyer can explain the B.A.C. and talk to you about your blood alcohol test results.
If it is after office hours, simply complete the online form so that Attorney V Iyer can quickly be advised of your circumstances and respond to you.