Castle Rock DUI Attorney
- Romberg Test (a balance test)
- Walk and turn
- Reciting the alphabet backwards
- Standing on one leg
- Horizontal gaze nystagmus test
- Portable breath test
When an officer observes a person performing the tests, they are looking for evidence or probable cause for an arrest. At that point, they can make an arrest and require a blood or breath sample to confirm the level of impairment.
Driving Under the Influence of Alcohol and Driving While Ability Impaired: What are the Current Colorado Impairment Levels?
Based on the Driving Under the Influence and Driving While Ability Impaired statute – C.R.S. 42-4-1301 – the impairment levels for each crime in Castle Rock, Highlands Ranch, and Parker are as follows:
- A BAC of .05 to .079 will be charged as a Driving While Ability Impaired
- A BAC of .08 or higher will be charged as Driving Under the Influence of Alcohol
- A BAC of 5 nanograms or more of delta 9-tetrahydrocannabinol will be charged as Driving Under the Influence of Drugs
Impairment Level for Driving Under the Influence of Marijuana / Drugs in Douglas County: Is it Reliable?
With the legalization of marijuana in Douglas County, Colorado and many other states, an important question has come up: can these same roadsides test someone’s impairment level if they have smoked pot? A Massachusetts court just ruled that roadside tests used to gather evidence of a DUI or DWAI cannot be applied the same way for marijuana. In fact, it has been argued that the we really have no scientific test that correlates levels of marijuana or THC in a person’s blood with impairment level. The current statute – C.R.S. 42-4-1301 – states that if a person’s blood sample contained 5 or more nanograms of delta 9-tetrahydrocannabinol per millimeter, then it is assumed that they are driving under the influence of drugs. But, it has been argued that this number might not be conclusive proof of impairment because of the way marijuana affects different people.
