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Driving under the influence (DUI) refers to the offense or crime of being in control of a motor vehicle or driving while impaired by drugs or alcohol to a level that renders you incapable of safely operating or handling a motor vehicle. The Colorado DUI limit or “per se” blood alcohol content is 0.08%.
DUI is an umbrella term that encompasses, among others, driving while intoxicated or impaired (DWI), Driving while ability impaired (DWAI). DUI is illegal in Colorado. The state’s laws set forth the limits for blood alcohol content levels while driving and testing rules. The statutes also include the penalties for operating a motor vehicle while under the influence of alcohol or impaired from one or more drugs.
Here’s what you should know about the DUI limit in Colorado.
The state of Colorado considers you “under the influence” if you have a breath or blood alcohol content of .08 or greater. However, the government can still charge you with DUI even if your test results are below .08.
Additionally, the police can arrest and charge you with a DUI if you refuse a chemical test while showing clear signs of being under the influence or impairment. You are also guilty of DUI when you drive a motor vehicle but are substantially incapable of operating it.
DWAI refers to driving while ability impaired. The police can charge you with DWAI if your breath or blood alcohol content level is between .050 and .079. Colorado is a no-tolerance state, and the police can still charge you even if your test result is below .050.
If an officer believes, even if to the slightest degree, that you have an impaired ability to drive, he or she will charge you with driving while ability impaired.
In Colorado, DUI per se refers to a breath or blood test that measures 0.08 or higher inside two hours of operating a motor vehicle. The state considers this DUI per se because it automatically deems motorists with an above-the-legal-limit BAC as driving under the influence. The limit is regardless of individual tolerance or impairment levels. “Per se” is Latin for “in and of itself.” It means that Colorado considers anybody with a .08 BAC as under the influence even if their driving was not unsafe.
Colorado DUI or DUI Per Se penalties for first-time offenses include:
In a worst-case scenario (as in the case of repeat offenses or defendants with a BAC of 0.15 or higher), the state could end up considering you a persistent drunk driver (PDD). The designation will result in longer driving privilege suspensions. It will also result in an ignition interlock restricted license.
Colorado DUI or DUI Per Se penalties for second-time offenses include:
Colorado DUI or DUI Per Se penalties for third-time offenses include:
Colorado DUI or DUI Per Se penalties for fourth or subsequent offenses include:
Below are the penalties for driving over the DWAI limit:
DUI causing serious injury attracts a class four felony criminal record, a jail term (two to six years with three-year parole), and a fine ($2,000 to $500,000).
DUI causing death is a class three felony with a jail term (four to twelve years with five-year parole) and a fine ($3,000 to $750,000).
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Right Law Group is a top-rated Colorado law firm that focuses on DUI and Criminal Defense. We represent clients in Denver, Highlands Ranch, Littleton Colorado, and all surrounding cities in Arapahoe and Douglas Counties.
If you are looking for a Denver DUI Defense Attorney that offers aggressive defense no matter the case, look no further.
Contact us today for a free consultation. Don’t make the mistake of trying to defend yourself or pleading guilty or no contest just because you want to get this behind you. A conviction for ANY charge can have lasting consequences that you should be aware of before making any decisions.
Frequently Asked Questions
Most DUI charges are misdemeanors in Colorado. DUI will be a felony charge in Colorado if the driver has had 3 or more previous DUI convictions, or if someone was seriously injured or killed in an accident caused by the intoxicated driver.
For a first DUI in Colorado, you will face the revocation of your license. The standard revocation period for a first offense DUI is nine months, but this could be different based on the specifics of the individual arrest.
The required jail time for a DUI in Colorado will depend on a few factors. In some situations, particularly when someone has multiple previous DUI convictions, jail time may be mandatory – but it is not usually required for a first-time offense.
