Thursday, April 23, 2009

Monday, April 20, 2009

Out of State DUI News

Three Ways To Commit Drunk Driving In Colorado

You can commit drunk driving in one of three ways: (1) driving while having a blood alcohol content above the limit set by law; (2) driving under the influence of alcohol or (3) driving under the influence of other drugs or prescription medications. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person drove a motor vehicle while their blood alcohol content (BAC) exceeded .08 (or 8 percent).
In contrast, the second definition does not refer to any particular BAC; it focuses on the driving behavior of the person. If the person’s driving is impaired by the consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol. Often, the defendant has admitted that they had been drinking. Sometimes there are open containers in the car. If the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving.
The third definition deals with situations where a person drove a motor vehicle under the influence of drugs other than alcohol. Some cold remedies also contain alcohol. Other types of drugs such as sedatives, allergy medicines, and other prescription medications can impair your driving ability. This definition also includes situations where the person drove under the influence of illegal drugs as well.