DUI Penalties for BAC Above 0.20
For a DUI charge where the BAC is above 0.20 the legal penalties are the same. However, when the BAC is over 0.20, the judge does not have the option to suspend the sentence. Thankfully, the judge does have the discretion to substitute jail time for a sentencing alternative. Alternatives may include: in-home detention, day reporting or electronic monitoring.
Especially for a DUI charge with a BAC over 0.20, you need to call DUI Law Firm Denver right away. With a strong legal team on your side, you have a better shot for alternative sentencing. Don’t try to navigate the complex legal system on your own. We’re here to help you!
Do You Have to Take a Roadside Sobriety Test?
Did you know that you don’t have to consent to a roadside sobriety test? That’s right! You have no legal obligation to participate. The only exception to this is if your first offense results in vehicular assault or vehicular homicide. In that case, the rules change, including the fact that the offense moves from a misdemeanor charge to a felony.
This means that until law enforcement arrests you, you do not need to take a field sobriety test. Once arrested, if you don’t consent to the chemical test, you will receive a charge for refusing the chemical test, which results in one year of driving revocation and other penalties.
In fact, you should not share any information with law enforcement about what you have consumed. This includes: alcohol, drugs, over the counter medicines, food or anything else. You do not want to help the prosecution. No matter how caring or helpful they may seem, they are not on your side. That is why you need to work with a specialized DUI attorney.