The Legal Limit in Colorado
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- In Colorado you are considered "under the influence" with a blood or breath alcohol content of .08 or greater.
- You can still be charged with DUI even if your test result comes back below .080.
- You can and will be charged with a DUI if you refuse to submit to a chemical test while showing signs or indicia of impairment or being under the influence
- You are guilty of DUI if you are substantially incapable of operating a motor vehicle safely
- Colorado is a no tolerance state. You will be arrested and charged for DWAI if you have a blood or breath alcohol content between .050 and .079
- You can still be charged with DWAI even if your test result comes back below .050.
- If an officer believes that your ability to operate a motor vehicle is impaired to the slightest degree as ordinarily capable, you will be charged with driving while ability impaired
- There is no separate statute for DUID – the DUI statute covers drugs, alcohol or a combination of both. DUID is actually a made up term as you will be charged with DUI if you are suspected of driving under the influence of drugs.
- The state must prove that you operated a motor vehicle while under the influence or that you were impaired to the slightest degree. Colorado recently approved a permissible inference limit for THC or Marijuana of 5ng. The current limit is 5 ng/100ml of blood of the active metabolite in THC (Delta-9). You can still be charged with a DUI even if your test results are below the 5ng permissible inference level or if you have a combination of drugs and alcohol in your system or you are suspected of being under the influence of other drugs, including prescription and OTC drugs.
- You can and will be charged with a DUID if you refuse to submit to a chemical test while showing signs or indicia of impairment of being under the influence of drugs.
The Legal Limit for Minors
- It is illegal for any person under the age of twenty-one to operate a motor vehicle with a blood or breath content of .020% or greater. A BAC between .020% and .049% will result in the person being charged with UDD (underage drinking and driving).
- Underage Drinking and Driving is a Class A Traffic infraction that carries the loss of your license among other penalties.
- Minors will be prosecuted the same as adults for BACs at or above .050%.
** Blood alcohol level is expressed in grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
If you are facing DUI charges, contact the Denver drunk driving attorneys for assistance with your case.