Thoroughly and aggressively defending a DUI requires knowledge of the blood alcohol science behind a DUI case. If you submitted to chemical testing of your blood or breath, your blood alcohol concentration (BAC) will be a central issue in your case.
Your BAC is a measure of how much alcohol is in your system. The number of drinks you consumed alone is not a good measure of BAC. Your BAC will depend on a number of factors, including your gender, weight, how often you drink, and whether you have eaten. Alcohol consumption affects everyone differently.
The prosecution must prove beyond a reasonable doubt that you were intoxicated at the time of driving. A DUI attorney who is well-versed in the complexities of blood science can sometimes make it very difficult for the prosecutor to do this.
For example, some cases may be won by implementing a “rising BAC defense”. Because it takes between 45 minutes and 3 hours for alcohol to actually be absorbed into your system, your BAC may continue to rise long after you are pulled over and arrested. If you get pulled over, a chemical test of your breath or blood usually will not be performed for at least an hour after the initial contact. Thus, you may actually have been below the legal limit when you were driving.
If you suffer from gastroesophageal reflux disease (GERD), you may test positive on a breath test machine regardless of whether you actually have consumed any alcohol. Individuals suffering from GERD have a constant flow of alcohol which travels from their stomach to their mouth in the form of a gas. If you have GERD and have consumed a small amount of alcohol, your BAC may register on the breath test machine as being higher than it actually is.
If you or someone close to you is facing a DWAI or DUI charge in Colorado, it’s normal to feel confused or overwhelmed. The difference between these charges may seem small, but the legal consequences are very real, and they can impact your future in a big way.
If you’re unsure what comes next, talking to Kimberly Diego, a Denver Colorado criminal defense attorney can give you real answers and
Theft charges—whether it’s shoplifting or something more serious like grand theft—can have a major impact on your life. You probably already know that. What you might not know is how quickly things can snowball, or how alone it can feel trying to handle the system.
At the Law Office of Kimberly Diego, a Denver, CO criminal defense lawyer with nearly twenty years of experience, our team is ready to listen
Drug possession charges in Colorado are serious, and it’s understandable to feel anxious. Under C.R.S. 18-18-403, the penalties depend on the type of drug and how much was found.
If you’re unsure how to move forward, the Law Office of Kimberly Diego is here to help. Contact us today and let our experienced Denver, CO criminal defense attorney provide the guidance and support you need.
