Colorado, you do not need to be driving or operating the transportation in question – only the ability to do so, and as Washington is finding your rights are stripped away in court once the BC level is broken. There is no defense if
they have a breath or blood sample that is in excess of the limit which is .05 in Colorado. When it’s a secondary offense found after the vehicle is pulled over – a license plate light out, expired tags, and similar circumstances - it
should not subject the victim/driver to arrest and additional charges of driving while impaired – because there’s no evidence of driving impairment.
Americans for Fair Legislation will submit a letter to several legislators to present the facts and recommend a common sense approach to this problem. It will be posted on the web site, please help us make a change by writing to your representatives and requesting reasonable laws that focus on driving impairment. Links to find them are provided below, they will be reviewing these laws in January 2013.
Write your congress representative
Write your state legislator and governor