On Dec. 30, 2018, another state began enforcing the strictest driving under the influence law ever seen in the country. While most states, including Colorado, will not arrest an adult driver for DUI unless the driver has a blood-alcohol level of .08 percent, a neighboring state will now charge people with DUI if they have a BAC of .05 percent. That is a significant change, one that every state is waiting to see if it proves an effective move at reducing drunk driving rates.
Why would a state go to this extreme? According to the National Highway Traffic Safety Administration, in 2018, 11,000 people died in drunk driving-related auto collisions. That equates to 29 deaths every single day. This is definitely reason to reconsider the effectiveness of current DUI laws.
Colorado may or may not follow the state of Utah when it comes to lowering its BAC required to charge a person with DUI. Only time will tell. The state does allow officers to arrest individuals with a BAC between .05 and .08 percent for driving while ability impaired. The consequences associated with a DWAI are not as severe as the penalties that follow a DUI conviction, though jail time and fines are certainly a possibility and could cause personal hardship.
Colorado residents who are facing DWAI or certain DUI charges may not think such charges are worth fighting. The truth is, by not fighting now it could have consequences in the future. With a DWAI or DUI on one's record, any future arrests for impaired driving could have significantly greater consequences if one is convicted. Those accused of impaired driving can turn to a criminal defense attorney who can review the details of one's case and only pursue legal actions that will protect one's interests.