If you took a blood or breath test, there are legal limits, inferences and presumptions written into the Colorado DUI laws. Many people are surprised to find out that the DUI limits in Colorado really start at .05, and not .08. Colorado’s DUI law allows a juror or judge to infer that a driver with a BAC more than .05 is impaired.
Colorado DUI laws include these presumptions and inferences to assist a jury or judge in deciding whether a person is impaired or under the influence. The legal inferences contained in the law are as follows:
- BAC = 0.05 or less: “presumed that the defendant was not under the influence of alcohol and that the defendant’s ability to operate a motor vehicle or vehicle was not impaired by the consumption of alcohol.”
- BAC = 0.051–.079: “permissible inference that the defendant’s ability to operate a motor vehicle or vehicle was impaired by the consumption of alcohol.”
- BAC = .08 or more: “permissible inference that the defendant was under the influence of alcohol.”
- THC = 5 nanograms or more: “permissible inference that the defendant was under the influence of marijuana.”
A blood or breath test at or above these legal limits does not mean that you are automatically guilty of DUI or DWAI. In order to be held liable in court, a jury must find that, beyond a reasonable doubt, your ability to drive a vehicle was affected by the alcohol or drug. A DUI defense attorney understands that BAC testing can have issues that can call into question the reliability of a DUI blood or breath test.