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Per Se Violations

Colorado's Per Se Violations

Colorado, like every other state, has a per se law. In layman's terms, a per se violation means it is illegal to operate a motor vehicle with a blood or breath alcohol content over a certain limit. In Colorado that limit is .05 for DWAI which is a rebuttable presumption and .08 for DUI.

This means that if your blood or breath alcohol content is found to be .08 or more at the time of driving or within 2 hours of driving, you are guilty of DUI per se in Colorado. There are ways to attack this as listed in the statute as well as evidence that can be presented to contradict the reported BAC. Each case is unique and each case has facts that may help or hurt such an argument. Below are the actual statutes as found in:

42-4-1301 - Driving under the influence, driving while impaired & driving with excessive alcoholic content

Definitions and penalties:

  • (2) (a) It is a misdemeanor for any person to drive any vehicle in this state when the person's BAC is 0.08 or more at the time of driving or within two hours after driving. During a trial, if the state's evidence raises the issue, or if a defendant presents some credible evidence, that the defendant consumed alcohol between the time that the defendant stopped driving and the time that testing occurred, such issue shall be an affirmative defense, and the prosecution must establish beyond a reasonable doubt that the minimum 0.08 blood or breath alcohol content required in this paragraph (a) was reached as a result of alcohol consumed by the defendant before the defendant stopped driving.
  • (a.5) (I) It is a class A traffic infraction for any person under twenty-one years of age to drive any vehicle in this state when the person's BAC, as shown by analysis of the person's breath, is at least 0.02 but not more than 0.05 at the time of driving or within two hours after driving. The court, upon sentencing a defendant pursuant to this subparagraph (I), may, in addition to any penalty imposed under a Class A Traffic Infraction, order that the defendant perform up to twenty-four hours of useful public service, subject to the conditions and restrictions of section 18-1.3-507, C.R.S., and may further order that the defendant submit to and complete an alcohol evaluation or assessment, an alcohol education program, or an alcohol treatment program at such defendant's own expense.

When you need a Denver DUI attorney to stand up and defend your rights in a case involving DUI per se, call The Orr Law Firm. We have been advocating for our clients for a collective 40+ years and are extremely qualified. We lead Colorado in effective DUI defense! Ready to get started on your defense?

Reach out to The Orr Law Firm at (303) 818-2448. Free phone consultations!

What Our Clients Say

  • “Mr. Orr was very helpful in every step of the process. He made the process as tolerable as it could be.”

    SATISFIED CLIENT; DUI CHARGE

  • “They calmed our fears completely.”

    SATISFIED CLIENT

  • “By trusting them I received the best possible outcome for my case and was only charged with a DWAI.”

    SATISFIED CLIENT; DUI CHARGE

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    SATISFIED CLIENT

  • “Their depth and knowledge of the practice really showed through when they began working on my case.”

    SATISFIED CLIENT; DENVER COUNTY DUI

  • “Throughout the process Rhidian was up front and honest with me, while at the same time displaying a level of compassion for my situation that helped me cope with what I was possibly facing.”

    SATISFIED CLIENT; DUI CHARGE

  • “Mr. Orr and his entire staff have followed a very aggressive training program that puts them at the top of the class among DUI defenders.”

    SATISFIED CLIENT; DUI CHARGE

  • “Rhidian and The Orr Law Firm are head and shoulders above the rest.”

    SATISFIED CLIENT; DUI CHARGE

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    SATISFIED CLIENT; BROOMFIELD COUNTY DUR W/ PRIORS

  • “These guys did a great job defending me in my DUI case in Boulder County.”

    SATISFIED CLIENT; BOULDER COUNTY DUI

  • “He was always able to get me to relax and know that he was going to take care of it. Something like that for me is essential in making myself feel good that I have made the right choice.”

    SATISFIED CLIENT; DUI CHARGE

  • “Rhidian was not only concerned with my legal issues, but with my overall life. ”

    SATISFIED CLIENT; DUI CHARGE

  • “The Orr Law Firm got this down to a careless driving charge and the other tickets were dropped. What's even better, this was before the day of the trial.”

    SATISFIED CLIENT; DUI CHARGE

  • “Unlike some lawyers they actually care about your well-being.”

    SATISFIED CLIENT; ARAPAHOE COUNTY DUI

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    SATISFIED CLIENT; JEFFERSON COUNTY DUI

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