DUI Per Se/Drove Vehicle with Excessive Alcohol Content
It is a misdemeanor for any person to drive a motor vehicle or vehicle when the person's BAC is 0.08 or more at the time of driving or within two hours after driving. During a trial, if the state's evidence raises the issue, or if a defendant presents some credible evidence, that the defendant consumed alcohol between the time that the defendant stopped driving and the time that testing occurred, such issue shall be an affirmative defense, and the prosecution must establish beyond a reasonable doubt that the minimum 0.08 blood or breath alcohol content required in this paragraph (a) was reached as a result of alcohol consumed by the defendant before the defendant stopped driving. C.R.S. §42-4-1301(2)(a)
In Colorado, it is common practice for a police officer to charge a driver with two (2) counts of DUI whenever a driver's chemical test yields a result of .08 BAC or greater. This charge is known as "DUI per se" or "Drove Vehicle with Excessive Alcohol Content". What it essentially means is that you can be convicted of DUI per se if the prosecutor can prove that you had a BAC of .08 or greater within two hours of driving.
An experienced DUI defense attorney will often times look for ways to challenge the validity of the chemical test to defend against this charge. In blood test cases, the defense can also have the second vial of blood tested at a certified independent laboratory.
If you have been charged with DUI per se/Drove Vehicle with Excessive Alcohol Content anywhere in Colorado, call Denver DUI Attorney Monte J. Robbins immediately at his Denver office at 303-355-5148, or his Greeley office at 970-301-5541 to discuss your options.