Driving Under the Influence Definition & Meaning
If you have been injured in a crash with a drunk driver, they would have an obligation to compensate you for the harm that they have caused. The Colorado car accident attorneys at the Frickey Law Firm can take on the insurance company to help get you the compensation that you deserve.
Colorado motorists can be criminally charged with DUI if alcohol has had practically any effect on their driving, or if they have taken drugs. However, your financial compensation does not depend on whether a prosecutor is able to prove their case. All you need to do is demonstrate that the driver did something that would be considered unreasonable under the circumstances.
Call the car accident attorneys at the Frickey Law Firm to learn more about your rights and to begin the legal process. Our car accident law firm knows how to cut through red tape and remove any barriers that stand between you and a full settlement check.
Colorado Law Criminalizes Many Types of Conduct
Colorado has a very expansive law on driving while impaired that makes many things a criminal offense. The state even has laws that address what may be considered to be “buzzed driving” by potentially criminalizing conduct that occurs when a driver has a blood alcohol content less than the standard .08 found in the laws of practically every state. If a drunk driver has injured you or a loved one, they could be liable to pay you financial compensation in addition to facing criminal penalties under the law.
The Definition of DUI Under Colorado Law
Under Colorado law, the legal definition of driving under the influence applies when a motorist has “consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs.” The alcohol or drugs must affect the driver
“to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”
Colorado law has two different categories for drivers who are under the influence:
- Driving while ability impaired is when a driver’s BAC is between .05 and .08. When a prosecutor is able to show that the driver was affected in any way by the alcohol that they consumed.
- Driving under the influence is when a motorist has a blood alcohol content greater than .08
- Drivers under the age of 21 can be charged with DUI when they have a BAC of as little as .02
Remember that the .08 blood alcohol content is a presumption of intoxication, meaning a driver would be considered drunk regardless of how the alcohol has affected them. It is possible for a driver to be under the influence if their BAC is lower. If the driver is showing signs of intoxication, they can be under the influence if there is any alcohol in their system.
In addition, a motorist may be under the influence when they have taken drugs. The DUI law itself does not define what drugs are at issue, but cannabis and controlled substances could certainly be grounds for a DUI charge. In addition, a motorist can be charged when they have taken a prescription medication if it affects their ability to drive. While there may not be reliable field tests to determine whether a driver is under the influence of drugs, a police officer can obtain a warrant to draw blood from the driver.
You Can Seek Compensation for DUI Injuries
If you have been injured in an accident with a drunk driver, you may be entitled to financial compensation. First, you must prove that the driver was to blame for your injuries. The only way that a criminal conviction can be used as evidence of fault is when the driver has pled guilty to a criminal offense, and they will usually not do that because they know it would harm them in a civil lawsuit. You may still be entitled to compensation, even if the prosecutor does not win a conviction. Remember that your entitlement to car accident compensation comes when you are able to prove that the driver was negligent (and not impaired). An experienced car accident attorney can gather evidence of fault and fight for you to receive full compensation for your drunk driving accident injuries.
Contact a Colorado Car Accident Lawyer Today
Get in touch with a car accident lawyer in Colorado by scheduling an appointment with the Frickey Law Firm today. You can reach a lawyer to discuss your case by calling us at 303-237-7373. There is no fee to you unless you win your case.
