Denver’s blood alcohol content (BAC) limit is:
- below .05% for the Colorado crime of driving while ability impaired (DWAI), and
- below .08% for the Colorado crime of driving under the influence (DUI)
DWAI in Colorado law
Colorado Revised Statutes 42-4-1301 (1)(g) C.R.S. makes it a crime for a driver to operate a motor vehicle while his/her ability is impaired by alcohol and/or drugs, even in the slightest degree. Typically, Colorado law considers drivers to have an impaired ability if his/her BAC is at least .05%, but less than the state’s “legal limit” of .08%.
The penalties for DWAI increase with each successive offense:
DWAI 1st
- 2 days to 180 days in jail,
- A fine of $200 to 500,
- 24 to 48 hours of community service, and
- 8 points on the DMV driving record
DWAI 2nd
- 10 days to 1 year in jail (with 10 days mandatory),
- A fine of $600 to $1,500,
- 48 to 120 hours of community service, and
- 8 points on the DMV driving record
DWAI 3rd
- 60 days to 1 year in jail (with 10 days mandatory),
- A fine of $600 to $1,500,
- 48 to 120 hours of community service, and
- 8 points on the DMV driving record
DUI in Colorado Law
Colorado Revised Statutes 42-4-1301 (2)(a) C.R.S. makes it a crime to drive with a BAC of at least .08%. It does not matter if the driver was being safe and did not seem impaired. This law is known as “DUI per se” because a BAC of .08% or higher automatically makes the driver guilty.
The penalties for DUI increase with each successive offense:
DUI 1st
- 5 days to 1 year in jail,
- A fine of $600 to 1,000,
- Driver’s license suspension of up to 9 months, and
- 48 to 96 hours of community service.
However, people with a BAC of at least .15% will be sentenced as a repeat-DUI offender even for a first-time offense
DUI 2nd
- 10 days to 1 year in jail,
- A fine of $600 to 1,500,
- Driver’s license suspension of up to 1 year,
- 48 to120 hours of community service, and
- Colorado ignition interlock device for 2 years following license reinstatement
DUI 3rd
- 60 days to 1 year in jail,
- A fine of $600 to 1,500,
- Driver’s license suspension of up to 2 years,
- 48 to 120 hours of community service, and
- Ignition interlock device for 2 years following license reinstatement
DWAI/ DUI defenses in Colorado law
There are literally dozens of possible defenses to Colorado DWAI or DUI charges depending on the circumstances of the case. Possible defenses include:
- The blood- or breath-testing equipment was faulty;
- The defendant had a medical condition that caused the BAC level to appear elevated (examples: GERD, acid-reflux, heartburn);
- The police did not have probable cause to pull the defendant over;
- The police improperly administered the field sobriety tests; or
- The defendant had “rising blood alcohol” (this means that the defendant was driving with a perfectly legal BAC, but the BAC level had risen to illegal levels later on during the chemical testing)