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View Poll Results: Would you support an increase in alcohol taxes to fund P.M. transit options?
Yes 14 33.33%
No 24 57.14%
Maybe 4 9.52%
Voters: 42. You may not vote on this poll

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Old 01-15-2014, 09:59 PM
Status: "Summer!" (set 26 days ago)
 
Location: Foot of the Rockies
87,020 posts, read 102,689,903 times
Reputation: 33083

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Quote:
Originally Posted by Eddyline View Post
No. The legal limit has been .05 BAC for awhile in Colorado.
No. it. wasn't. In fact, upon further research, it seems that the link I posted gave incorrect information and the DUI per se (presumed to be driving under the influence) level remains at 0.08.

There was a 0.08 DUI per se law, with 0.05 as DWAI. There is a difference.

This is the old law:
Colorado DUI & DWI Laws & Enforcement at DMV.org: The DMV Made Simple
Drunk Driving Laws in Denver, Colorado | The Orr Law Firm, L.L.C.

Please note the difference.

Here are several links from Colorado DUI attorneys. Please show me where the 0.08 BAC has been changed.
2013 New Colorado Legislative Changes to DUI laws | Jason Cuerdon
DUI Law changes January 01, 2014 - colorado dui attorney - The Law Office of M. Colin Bresee

From May, 2013:
Lawmaker Not Sure If Lowering Blood Alcohol Limit Is Right For Colorado CBS Denver
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Old 01-15-2014, 10:34 PM
 
2,493 posts, read 2,197,156 times
Reputation: 3351
If you actually read the links you posted you would agree the the legal limit to drive in Colorado has been .05 BAC for several years.



Quote:
Originally Posted by Katiana View Post
No. it. wasn't. In fact, upon further research, it seems that the link I posted gave incorrect information and the DUI per se (presumed to be driving under the influence) level remains at 0.08.

There was a 0.08 DUI per se law, with 0.05 as DWAI. There is a difference.

This is the old law:
Colorado DUI & DWI Laws & Enforcement at DMV.org: The DMV Made Simple
Drunk Driving Laws in Denver, Colorado | The Orr Law Firm, L.L.C.

Please note the difference.

Here are several links from Colorado DUI attorneys. Please show me where the 0.08 BAC has been changed.
2013 New Colorado Legislative Changes to DUI laws | Jason Cuerdon
DUI Law changes January 01, 2014 - colorado dui attorney - The Law Office of M. Colin Bresee

From May, 2013:
Lawmaker Not Sure If Lowering Blood Alcohol Limit Is Right For Colorado CBS Denver
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Old 01-16-2014, 02:57 AM
 
Location: Tucson/Nogales
17,428 posts, read 21,272,660 times
Reputation: 24270
Quote:
Originally Posted by nei View Post
So does that mean New Yorkers are much more responsible than Texans? Or that the options New Yorkers have make a difference?
Or Las Vegas, with our 24 hour bus service on all our major lines, due mainly to our 24,000 night shift workers. Question is: has that option reduced the number of DUI's?
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Old 01-16-2014, 07:05 AM
Status: "Summer!" (set 26 days ago)
 
Location: Foot of the Rockies
87,020 posts, read 102,689,903 times
Reputation: 33083
Quote:
Originally Posted by Eddyline View Post
If you actually read the links you posted you would agree the the legal limit to drive in Colorado has been .05 BAC for several years.
It's not the limit! It's a lower level that a police officer can cite a driver with if their driving seems "impaired". It doesn't have the same penalties as DUI. When I took my Colorado's driver's test in 1980, the limits were 0.10 for DUI and 0.05 for DWAI. There wouldn't be two limits if there weren't two categories.
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Old 01-16-2014, 07:25 AM
 
Location: Mt. Airy
5,311 posts, read 5,339,857 times
Reputation: 3562
Quote:
Originally Posted by Katiana View Post
It's not the limit! It's a lower level that a police officer can cite a driver with if their driving seems "impaired". It doesn't have the same penalties as DUI. When I took my Colorado's driver's test in 1980, the limits were 0.10 for DUI and 0.05 for DWAI. There wouldn't be two limits if there weren't two categories.
I think his point is DWAI means it's not legal to drive. There may be a lesser penalty, but you're not in the clear.
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Old 01-16-2014, 07:30 AM
 
Location: Mt. Airy
5,311 posts, read 5,339,857 times
Reputation: 3562
I disagree that alcohol taxes should be raised to fund something like transportation. Just because you drink, doesn't mean you drive. While you could put a surcharge on alcohol sales in a place where you can only drive away, it would still be a messy financial model. What would be the use of that money? Transit built from a rural/suburban community that can't/won't support it? How would they measure success? Seems like a slippery slope that would only enable more government slush funding.
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Old 01-16-2014, 08:28 AM
 
2,493 posts, read 2,197,156 times
Reputation: 3351
Quote:
Originally Posted by Katiana View Post
It's not the limit! It's a lower level that a police officer can cite a driver with if their driving seems "impaired". It doesn't have the same penalties as DUI. When I took my Colorado's driver's test in 1980, the limits were 0.10 for DUI and 0.05 for DWAI. There wouldn't be two limits if there weren't two categories.
Not sure why this is so tough for you to understand.

In Colorado a BAC of .049 is perfectly legal to drive.

A BAC of .05 is illegal and subjects you to fines, jail and potential lose of license.

So therefore, the legal limit to drive in Colorado is .05 BAC.

You seem to be making the arguement that a DWAI is legal and no big deal and a DUI (.08 BAC) is the point that has legal implications. You are completely and absolutely wrong on that assumption.
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Old 01-16-2014, 01:13 PM
Status: "Summer!" (set 26 days ago)
 
Location: Foot of the Rockies
87,020 posts, read 102,689,903 times
Reputation: 33083
Quote:
Originally Posted by Eddyline View Post
Not sure why this is so tough for you to understand.

In Colorado a BAC of .049 is perfectly legal to drive.

A BAC of .05 is illegal and subjects you to fines, jail and potential lose of license.

So therefore, the legal limit to drive in Colorado is .05 BAC.

You seem to be making the arguement that a DWAI is legal and no big deal and a DUI (.08 BAC) is the point that has legal implications. You are completely and absolutely wrong on that assumption.
The penalties are higher for DUI than for DWAI. DWAI is in the law so a person can be arrested with a lower level of alcohol than 0.08 if their driving is impaired. I don't know why this is so tough for YOU to understand.
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Old 01-16-2014, 01:46 PM
 
2,493 posts, read 2,197,156 times
Reputation: 3351
Quote:
Originally Posted by Katiana View Post
The penalties are higher for DUI than for DWAI. DWAI is in the law so a person can be arrested with a lower level of alcohol than 0.08 if their driving is impaired.
FINALLY you said something that is correct! Yes, penalties are higher for a DUI than for a DWAI.

However that does not change my original statement: The legal limit in Colorado is .05 BAC.

If you are stopped in Colorado for anything, including a broken tail light, and the officer smells alcohol and you are asked to do a breathalyzer, if you test higher than .05 BAC YOU WILL BE ARRESTED! The officer does not need to witness impaired driving, test over .05 BAC and you have exceeded the legal limits.

You are continuing to argue a losing position because you are discussing DUI limits and I am discussing the "legal limit of alcohol to drive in Colorado". Maybe you will could understand if I used a different example. By your logic, if the speed limit is 55 mph and you get a bigger fine if your are driving 90, than the fine you would get if you were driving 60, is the speed limit 90 or 55?

I done arguing.. Try arguing with a State Trooper on the side of the road when you test .05+ BAC. Maybe you could post him some links you haven't read.

Last edited by Eddyline; 01-16-2014 at 02:01 PM..
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Old 01-16-2014, 04:55 PM
Status: "Summer!" (set 26 days ago)
 
Location: Foot of the Rockies
87,020 posts, read 102,689,903 times
Reputation: 33083
Quote:
Originally Posted by AJNEOA View Post
I think his point is DWAI means it's not legal to drive. There may be a lesser penalty, but you're not in the clear.
And you know this how? You've taken a Colorado driver's test? Why two limits, if the lower one is the limit, period? Please explain.
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