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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

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

    SATISFIED CLIENT; DUI CHARGE

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    SATISFIED CLIENT; WELD COUNTY DUI

  • “Your quick and efficient dealings with the County District Attorney was a wonder to behold. By way of comparison, you managed to do in less than one hour what I had been trying to accomplish over the course of eight months and three court hearings.”

    SATISFIED CLIENT, ARAPAHOE COUNTY DUR

  • “My case was a DUI case, and he was able to get my charges completely dismissed before we even went to trial.”

    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

  • “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

  • “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

  • “This is the firm that you need to protect your rights and help you get through this ordeal.”

    SATISFIED CLIENT; ARAPAHOE COUNTY DUI

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    SATISFIED CLIENT; JEFFERSON COUNTY DUI

  • “Mr. Orr's professionalism puts him in a higher class than his peers in the courtroom.”

    SATISFIED CLIENT; BROOMFIELD COUNTY DUR W/ PRIORS

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    SATISFIED CLIENT; LARIMER COUNTY DUI - DISMISSED

  • “In the end, these guys saved me from prison”

    SATISFIED CLIENT; JEFFERSON COUNTY DUI & FELONY ASSAULT ON A PEACE OFFICER

  • “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

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

    SATISFIED CLIENT; BOULDER COUNTY DUI

  • “I couldn't have expected a better outcome”

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