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September 19, 2023
Colorado has made impaired driving a top priority in order to reduce the number of alcohol and drug related injuries and deaths on our roads. For that reason, it’s imperative to understand the different impaired driving offenses you could potentially be arrested for, as well as the specific penalties associated with each one.
Whether you feel impaired or not, you are legally not allowed to drive if your blood alcohol content (BAC) is 0.08 or higher. If someone is under 21 years of age, the legal limit for them is 0.02.
You can be arrested and convicted of a DUI if you are deemed “substantially incapable” of operating a vehicle after consuming alcohol, drugs, or prescription medications, as well as having a BAC of 0.08.
For a DUI offense, you will be facing numerous penalties that could include jail time, fines, public service, license suspension, an ignition interlock device, and other costs or fees.
For most states, the legal alcohol limit is 0.08. If your BAC is lower than that, you can’t be arrested for DUI. However, Colorado is one of the states that has an additional law on the books that says you can be arrested if your BAC is between 0.05 or 0.08 – DWAI.
You can be arrested and convicted of a DWAI if your ability is impaired to the “slightest degree” by alcohol, drugs, or prescription medications, as well as having a BAC between 0.05 and 0.08.
The penalties for a DWAI include:
While a DUI can be given for alcohol or drugs, it most often refers to alcohol. If drugs other than alcohol are involved, Colorado sees it as a DUID charge.
Along with operating a car under the influence of alcohol, a driver can be pulled over for operating a car under the influence of one or more drugs, or as a habitual user of any controlled substance.
The law also states that in instances where THC is identified in a driver’s blood in quantities of 5ng/ml or higher, “such fact gives rise to permissible inference that the defendant was under the influence.”
If you find yourself being charged with a DUI, DWAI, or DUID, reach out to an experienced Colorado DUI attorney with a strong track record in these types of cases to help you reduce, drop, or dismiss the charges and potential penalties you could face.
If you need more help, consider checking out these helpful resources:
National Highway Traffic Safety Administration
Drugged Driving Information from the Department of Transportation
About the Author:
Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Mr. Martinez has been designated a Top 100 Trial Lawyer by the National Trial Lawyers and has been awarded both the Avvo Client’s Choice Award and Avvo Top Attorney designation, evidencing his reputation for his exemplary criminal and DUI defense work and high moral standards.