You need to act fast
Under Colorado law Driving While Ability Impair “DWAI” is defined as: “driving a motor vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”
Colorado law defines Driving Under the Influence “DUI” as: “driving a motor vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. If a driver’s BAC is .08 or greater, then they are presumed to be under the influence of alcohol to a degree that they were not capable of safely operating their vehicle.
- You do NOT have to answer any questions about what you drank, where you drank, when you drank, or how much you drank. You should not answer these questions, but instead politely state that you are going to exercise your right not to answer those questions without an attorney present.
- You do NOT have to take a PBT (portable breathalyzer test), which is the breath test given roadside. If you are later arrested, then you must select between taking a blood test at the hospital or breath test (intoxilyzer) at the police station.
- You do NOT have to do the Roadside Sobriety Tests. These roadside tests are voluntary.
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