Is One Drink Enough to Be Convicted of DUI?

Denver DUI Lawyer

The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the legal limit, or (2) driving under the influence of alcohol, as showed by impaired driving. In Colorado, the legal limit for blood alcohol content (BAC) is .08, or 8 percent. Therefore, if a person's BAC at the time of the arrest is .08 or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed.

However, even if the police do not get a BAC, a person could still be convicted based on driving behavior. If a person's driving is impaired by the consumption of alcohol, the prosecution can present testimony about the person's driving and consumption of alcohol. For example, a police officer may testify about the impaired driving that lead him to pull the person over; the defendant's ability to perform field sobriety tests, such as walking a straight line; the smell of alcohol; statements by the defendant concerning alcohol consumption. If the jury agrees with this evidence, it will convict a person of drunk driving.

In both of these cases, the actual number of drinks may not matter. So yes, in Colorado you can be found guilty of drunk driving even if you have only one drink.

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To discuss your DUI case with me, defense lawyer Andres Guevara, call 888-265-0044 or fill out the contact form below. My law office is in Denver.

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• People v. M.K. (2011): Client charged with felony stalking and violations of orders of protection. Client acquitted of all counts.
• Araphoe County Attempted Murder trial, client accused of attempting to kill four individuals. Client acquitted of felony charges including all counts of Attempted Murder and client released.
• P. v. MM (2010): Arapahoe county case involving innocent client mistakenly charged with drug sale. Successfully argued for dismissal of case.
• P. v. C.B. (2010): Felony drug possession case. Successfully argued for suppression of drug evidence in case where police illegally entered an apartment under the pretense of conducting a child welfare check. Case dismissed.
• P. v. I (2010): Client charged with inciting a prison riot and faced long mandatory prison if convicted. Successfully negotiated plea for probation.
• P. v. B-G (2009): Arapahoe County felony case in which client was passenger in vehicle containing over 200 grams of cocaine. Over prosecution's objections, and despite the fact that a co-defendant received a two-year prison sentence, successfully argued to the judge for a sentence of probation.
• P. v. J. (2009): Felony identity theft case in Arapahoe County. Client wrongly accused of being involved in a scheme to defraud when in actuality client was a victim of the same scheme. Case dismissed.
• P. v. E. (2009): Client falsely accused by third party of illegal weapons possession of a sawed-off shotgun. Case dismissed after attorney investigation into accuser's background and the allegations.
• P. v. O (2009): Client charged as look-out for alleged felony cocaine drug sales. Case dismissed.
• P. v. C. (2008): Client accused of public indecency for changing clothes in a secluded part of a park. If convicted, client would have had to register as a sex offender. Client acquitted at trial of all counts.

Law Office of Andres R. Guevara
1733 High Street
Denver, CO 80218
Phone: 720-256-2306
Toll Free: 888-265-0044
Fax: 303-333-9493
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