Castle Rock, CO Criminal Defense Attorney Michael T Kossen answers your questions
Can a person be guilty of drunk driving if he only had one drink?
The crime of drunk driving is generally defined in two ways:
- having a blood alcohol content above the limit set by law
- driving under the influence of alcohol.
To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person’s blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 (or 8 percent). Therefore, if it is proven that the person’s BAC at the time of the incident was .08 or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. The number of drinks carry no weight, so, YES, a person can be found guilty after only one drink.
What do the police look for after they get me out of the car?
Officially, the typical symptoms of intoxication taught to police officers are:
- Flushed face
- Red, watery, glassy and/or bloodshot eyes
- Odor of alcohol on breath
- Slurred speech
- Fumbling with wallet trying to get license
- Failure to comprehend the officer’s questions
- Staggering when exiting vehicle
- Swaying/instability on feet
- Combative, argumentative, jovial or other “inappropriate” attitude
- Soiled, rumpled, disorderly clothing
- Disorientation as to time and place
- Inability to follow directions
The most commonly observed behavior and appearance characteristics of someone under the influence are odor of alcohol on the breath, bloodshot and watery eyes, and slurred speech. These “big 3” traits are encountered so often that the typical police report prompts the officer to record his or her observations in these three specific areas. Many officers will report seeing the “big 3” out of habit whether or not they are actually observed.
What happens if I cannot make bail?
If you have been arrested and don’t have enough money to pay the bail amount set for you by a court judge, don’t panic. You still have options in the form of a bail bond, signature bond or “O.R.” (own recognizance). There are a few factors that determine the type of bail bond you will need.
- Bail Bond – If you can’t make bail, you won’t want to stay in jail until your trial date. If you cannot pay the bail amount set by a court judge, you may be able to get a bail bond. A bail bond allows the accused to get out of jail and await trial in the free world. Typically, bail bond payments are 10%-15% of the original bail amount, and require a cosigner or collateral.
- Signature Bond – Another option for you to get out of jail, even if you can’t make bail, is with a signature bond. Granted by a court judge in a pre-trial program, you and an attorney will be seen by a court judge. If you are able to convince the judge that you will be present for your upcoming court dates and that you aren’t a threat to the community, a signature bond may be granted. This type of bond does not require a payment or a co-signer.
- Own Recognizance – A recognizance bond* may be granted to you if a court judge determines that you don’t pose a threat to the community and are not a flight risk. You and your lawyer will have to go to a pre-trial hearing. A court judge will review details of your case and your criminal history. If the bond is granted, you will be asked to sign a series of documents in order to be released from police custody at your “own recognizance.”
