There are presumptive numerical limits to a person's BAC for being charged with DUI (.08) or DWAI (.05). The limits are also lower for operators of commercial vehicles.
There is no such level for determining being under the influence or intoxicated in a non-driving event. It's a subjective judgment call by the officer. However...those numbers are (or were) widely used by officers when collecting evidence to show someone was intoxicated or under the influence.
And, yes, a person can be charged with DUI with a BAC under .08 in Colorado. I've personally charged a young girl with DUI (and won the case) when her BAC was under .02 (I don't recall specifically what it was).
Bottom line...if you're intoxicated/under the influence (drugs or liquor) and in possession of a firearm (you can exercise immediate control of the firearm) you've committed the offense of Prohibited Use of a Weapon. Regardless of whether or not you are at home or anywhere else.
If you happen to be home and have the misfortune of having to exercise your Make My Day rights, and you're under the influence of alcohol, it's possible your judgment and ability to act reasonably will be called into question. Even the Make My Day law requires a person to act reasonably. Alcohol affects the decision making process...so it could be an aggravating factor in formulating your defense.





Reply With Quote

