We recently informed readers of our criminal defense blogs at Shazam Kianpour & Associates in Denver that we would keep them timely updated on a key Colorado change in DUI-linked blood-alcohol testing.
The thinking of Colorado lawmakers that spurred a recent and material change to the state’s legal blood-alcohol testing regime is clear enough.
A seasoned and aggressive Colorado DUI defense attorney must often rely upon instincts, past experience and creativity when defending a client against drunk driving charges. We note on our website at the established Denver law firm of Shazam Kianpour & Associates that “there are many ins and outs in the law and strategies that a proven attorney can use” while pursuing an optimal result in a given case.
How can society reduce the number of drunk-driving fatalities? The National Highway Traffic Safety Administration was looking for evidence-based answers, so it turned to a panel from the nonprofit National Academies of Sciences, Engineering and Medicine and commissioned a report. That report is in, and one of the key recommendations was for states to reduce their DUI threshold level from a blood-alcohol content of 0.08 percent to 0.05.
As our readers across Colorado and elsewhere know, the legal limit for behind-the-wheel intoxication in the state and nationally is a blood-alcohol concentration of 0.08. Anything at or above that level as determined by a blow into a breathalyzer or a blood draw will instantly produce a major headache for a motorist.
Here's something to consider regarding personal breathalyzers that retail for about 80 bucks and are currently being touted by Colorado officials: Given that the considerably more expensive and sophisticated breathalyzers employed by the Colorado State Patrol and police agencies statewide are sometimes found to deliver erroneous blood-alcohol results, how foolproof can a smartphone app truly be?
It seems that it's always bad news when the devices used to measure motorists' blood alcohol level in DUI cases come under a public spotlight.
When you're stopped by police, you might be asked to take a breath test. This test measures your blood alcohol concentration. Why do they want that test? To prove that you've been drinking and driving over the legal limit.
Stories like the below recur with some sense of regularity across the United States. When they do, they understandably garner a lot of ink and adverse press, and rightfully so, given that there are immediately adverse outcomes spelled for individuals who are victimized by the details they reveal.
As noted in a recent Denver Post article, Colorado law does not mandate that an expert be called into court to pontificate on the accuracy of a breath-test machine when the blood-alcohol content measurement it delivered is centrally important in a drunk driving case.