COLORADO LAWYERS
Free Consultation 303.818.2448
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

  • “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

  • “Your service is second to none.”

    SATISFIED CLIENT; DENVER COUNTY DUI W/ 3 PRIORS

  • “Rhidian Orr truly is a miracle-worker.”

    SATISFIED CLIENT; DUI CHARGE

  • “Not only did they fight to keep my driver's license, but they also got me a really good outcome on the criminal case as well.”

    SATISFIED CLIENT; JEFFERSON COUNTY DUI

  • “Choosing The Orr Law Firm to represent my case was the right decision.”

    SATISFIED CLIENT; DENVER COUNTY DUI

  • “After waiting almost a year for my fate to vanish in front of me, I ended up with no jail time or loss of wages.”

    SATISFIED CLIENT; EAGLE COUNTY DUI W/ 4 PRIORS

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

    SATISFIED CLIENT; DENVER COUNTY DUI

  • “I literally owe you years of my life.”

    SATISFIED CLIENT

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

    SATISFIED CLIENT; DUI CHARGE

  • “You have surrounded yourself with an amazing staff and I have benefited from their collective expertise, professionalism and compassion.”

    SATISFIED CLIENT; GRAND COUNTY DUI W/ 2 PRIORS

  • “Rhidian and his team saved my career and helped me tremendously during a dismal time.”

    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 Orr kept his word and I was able to avoid 'straight' jail time.”

    SATISFIED CLIENT; BOULDER COUNTY DUI W/ 2 PRIORS

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

    SATISFIED CLIENT; DUI CHARGE

  • “The Orr Law team was not only understanding, but sympathetic and compassionate about my case.”

    SATISFIED CLIENT

Contact Us For A Free Consultation

We are ready when you are. Fill out the following form or call us at (303) 818-2448 and our helpful team will return your inquiry shortly.
  • Please enter your first name.
  • Please enter your last name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.