The state department of transportation in Colorado recently gave away personal Breathalyzers to drivers. This was done as a part of a study about drinking and driving. A majority of drivers are aware that they will face DUI charges if they are caught driving when their blood alcohol levels are .08 percent or greater. However, many motorists are not aware that they may also get into legal trouble for blowing anywhere from .05 percent to a .08 percent in the state of Colorado.

Blowing in the range of .05 percent to .08 percent is considered a DWAI, or driving while ability impaired. The consequences of this crime are not as severe as those for a DUI. However, people who have blood alcohol levels of between .05 percent and .08 percent can still be taken into custody and face fines.

According to the Colorado Department of Transportation, driving even after just one or a couple of drinks can still be costly for an individual. That is why it has been giving out BACtrack Breathalyzers in the study. These Breathalyzers sync with smartphones and send the users the blood alcohol content results. The device even lets the user know what time he or she will probably be sober once again, if he or she quits drinking.

When a person is pulled over for alleged DUI, he or she has the right not to take part in field sobriety tests, as these tests are used for evidence of intoxication, not for establishing a person’s sobriety. However, refusing a breath test when requested by law enforcement may result in the loss of a driver’s license. Even if a person has already been arrested for DUI and completed a field sobriety test at the time, it may still be possible for the criminal defense to spot holes in the prosecutor’s case. Defense counsel will strive for an outcome that is ultimately in the accused person’s best interests, considering the circumstances surrounding the case.

Source:, “CDOT offering personal Breathalyzers to participants in study“, July 15, 2016

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