DUI Lawyer Denver CO
A DUI lawyer Denver CO residents trust, such as Richard J. Banta, P.C., understands that one of the most common ways law enforcement attempts to determine whether or not a person is driving under the influence of alcohol is to measure their blood alcohol content (BAC). In Colorado, a person is considered legally intoxicated if their BAC measures .08% or higher. However, there are situations where police can charge a person with driving while ability impaired (DWAI) if their BAC measures between .05% and .08%.
How Is BAC Determined?
An experienced DUI lawyer Denver CO clients depend on knows that the BAC is the ratio of alcohol to a person’s blood or breath (depending on the type of test used). Alcohol can typically be measured within a half hour of consumption because of how quickly it is absorbed. Many people think that the type of alcohol they drink will make a difference how their BAC is affected, however, the type of alcohol a person drinks — beer, wine, or distilled liquor — does not make a difference in the BAC measurement.
There are factors which can affect the BAC, including:
- Gender of the drinker. Alcohol usually stays longer in a female’s body than in a male’s body. This is because women have more body fat than men and alcohol is not easily absorbed by fat cells.
- The weight of the person drinking.
- The number of drinks consumed.
- The time frame when the drinks were consumed. Spreading out the drinks over a longer period of time results in a lower BAC compared to drinking them quickly.
- Whether the stomach is empty or full. Food helps slow down the absorption of alcohol.
Refusing to Take a BAC Test
Colorado, just like many states across the country, has an implied consent law. As a DUI lawyer Denver CO provides can explain, “implied consent” means when you accept a driver’s license from the state, you are also consenting to taking a chemical BAC test if a police officer arrests you for drunk driving. The law says this test must be given within two hours of when you last drove your vehicle. You have the right to choose which type of test — a chemical test (blood or urine measurement) or a breathalyzer test — you prefer. Refusing to take the test can result in loss of license, even if it was proven later on you were not driving over the legal BAC limit.
The implied consent law also says that you are willing to take a preliminary breath test, even if you have not been arrested. This test may enable police to establish probable cause against you.
Let a Denver DUI Lawyer Protect Your Rights
If you have been arrested for drunk driving, you need to contact a skilled DUI lawyer in Denver CO right away. The sooner your attorney can begin building your defense, the better your chances may be. Attorney Richard J. Banta, P.C. is a top DUI lawyer Denver CO has to offer and fights aggressively against unfair prosecutors and law enforcement to protect your rights. He is an AV rated attorney by Martindale-Hubbell, the premier attorney rating company in the country.
Contact a DUI lawyer Denver CO clients trust at 303-331-3415 for a free consultation, or fill out a contact form on our website.
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