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DUI Myths in Colorado


When it comes to driving under the influence (DUI) in Colorado, many myths abound. Unfortunately, many of these myths have been in circulation for many years and may be regarded by some as common wisdom. This is unfortunate because believing in DUI myths can mean the difference between a DUI arrest and avoiding one.

6 Common Myths about DUIs

Take some time to consider the DUI myths below. Have you heard any of these before? If so, it’s time to understand why these misconceptions are wrong and how they can put you in a difficult legal situation.

Myth 1: Drinking & Driving Is OK as Long as You’re Below the BAC Limit

This couldn’t be further from the truth. Even if you are under the legal limit of 0.08% BAC, alcohol consumption affects your ability to make decisions, coordinate movements, and respond to any unexpected situation on the road. If you’re impaired by any amount of alcohol, you can catch a DUI charge even if you’re below the legal limit.

Myth 2: Breathalyzers Are Always Accurate

Breathalyzers measure BAC levels by testing your breath, but they can be inaccurate due to a number of factors such as calibration issues or medical conditions that may interfere with their accuracy. Moreover, if you have recently eaten something high in sugar or taken certain medications, these can also affect the accuracy of the breathalyzer.

This is not only an important consideration for the Breathalyzers the police may use on you, but also for any consumer breathalyzers you may purchase to check your BAC before getting behind the wheel. In the latter case, a faulty Breathalyzer could lure you into a false sense of confidence that you’re OK to drive when your BAC may actually be higher than the device reports.

Myth 3: Drinking Coffee Will Sober You Up

Although drinking coffee may make you feel more alert and awake in the short term, the only thing that truly makes you sober is time. It takes your body time to process alcohol’s toxins, so the only way to truly sober up is by waiting for your body to do so.

Myth 4: You Can’t Face DUI Charges If You Weren’t Driving

Wrong! In some states, you can be charged with a DUI even if you weren’t driving. In Colorado, it’s illegal to be in actual physical control of a vehicle while intoxicated. This means that even if you weren’t driving but were in the driver’s seat with the keys in your hand, you can still be charged with a DUI for merely being in the vehicle without a sober driver.

Myth 5: Police Need a Warrant to Test Your BAC

Generally speaking, police do not need a warrant to test your BAC as they are legally allowed to do so at any time. However, keep in mind that you can always refuse to take any tests if the officers believe you are intoxicated and ask for them without probable cause.

If you are under arrest, though, bear in mind that a refusal to test your breath or blood will result in an automatic license suspension – even if you end up not facing DUI charges.

Myth 6: Being Polite & Cooperative Will Help You Get Out of a DUI Arrest

Just because an officer might seem friendly and cooperative, it doesn’t mean they won’t arrest you if there is probable cause to believe that your BAC level is over the legal limit. Remember, police officers are obligated to follow the law when it comes to DUI matters. Therefore, always be courteous and respectful while also understanding that a polite demeanor does not guarantee any special treatment.

Arrested for DUI? We Can Help.

At Orr Law Firm, we understand that being charged with a DUI can be an extremely stressful experience. We are here to help you fight your charges and provide the best possible defense strategy for your case. Our attorneys have many years of experience handling DUI cases and have successfully helped many clients reach better outcomes.

We understand that the laws surrounding DUIs can be complicated and difficult to navigate, so we work hard to ensure that our clients have the legal advice and representation they need.

For more information about how we can help, contact us online.