Find a Colorado DUI Attorney For Your Case
Colorado DUI Laws Penalties And Fines
Colorado Driving Under the Influence (DUI) Laws
Definition of Intoxication:
Colorado law defines two separate drunk driving offenses:
Driving under the Influence (DUI)
Driving while Ability Impaired (DWAI)
Colorado DUI and Colorado DWAI can both be proved two different ways:
1. With evidence that you were driving a vehicle when you had consumed alcohol or one or more drugs, or a combination, that affected you to a degree that you were substantially incapable, mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle; or
2. For DUI, with evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). Colorado drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard. For DWAI, with evidence that you drove with a BAC of less than 0.08, but greater than 0.05.
Summary of Illegal BAC Levels in Colorado:
- Adult Driver - DUI with BAC of 0.08 or higher
- Adult Driver - DWAI with BAC of >0.05 & <0.08
- Commercial Driver - DUI with BAC of 0.04 or above
- Under 21 Driver – DUI with BAC of 0.02 or higher
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DUI or DWAI in Colorado is to have someone else drive. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had. In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication. In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Consequences of DUI Conviction in Colorado. A drunk driving conviction in Colorado has serious consequences, which become even more severe with repeat offenses. A DUI or DWAI conviction in Colorado remains on your record for your entire life, for purposes of calculating repeat offense levels.
