CORONAVIRUS UPDATE: What We Are Doing to Protect Our Clients

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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.

Client Reviews
★★★★★
"An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was happening and what he doing to prove my son's innocence in this matter. We were to appear in court on 29 March 2012 and Monte informed us on 27 March 2012, that the case had been dismissed!!! Monte charged a fair, flat rate for what he did in this matter and should the need arise to hire a lawyer or to recommend a lawyer, I would not hesitate to give Monte's name.” Linda
★★★★★
"I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the wall on this case but thanks to Monte miracles are possible. I have hired my share of attorneys and Monte Robbins has produced the best results for me yet. After being without my driving privileges for ten years I paid a small fine and am legal with a clean record. I Highly recommend this attorney." Steve
★★★★★
"I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him for any questions i had. The outcome of my case was way better then i had expected. Monte did a excellent job on my case and I would highly recommend him to anyone. Monte won my case and I am confident that he can do the same for anyone else." Jeremy