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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 

DUI 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) 747-4247. Free phone consultations!

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