What Is the Colorado Alcohol Limit for Driving?

Getting pulled over is a scary and stressful situation for just about anyone. You are likely to feel overwhelmed and upset, as most individuals have little experience talking with cops in instances like this. As such, it is likely you’ll be unable to think coherently. You might say or do things you wouldn’t say or do if you were thinking clearly. The next thing you know, the cop arrests you and charges you, claiming you were over the Colorado alcohol limit. What happens now?

The first step in any case like this is to contact a Denver DUI attorney. Jeff Weeden of WeedenLaw has extensive experience as a Colorado criminal defense attorney. No matter the case, he works tirelessly to craft a defense that works for his client’s specific circumstances. With compassion and dedication, he’ll fight tooth and nail in your defense. To schedule a free consultation with WeedenLaw, please call our Denver office at 720-307-4330 today.

What is the Legal Limit for Alcohol in Colorado?

The legal limit for DUI vs DWAI in Colorado is different. In DUI cases, the blood alcohol content (BAC) restriction is 0.08 percent. Meanwhile, in DWAI (Driving While Ability Impaired) cases, it is 0.05 percent. In situations of underage drunk driving, the legal limit is 0.02 percent. Further, a BAC of 0.04 percent results in the loss of a commercial driver’s license.

In Colorado drunk driving cases, BAC readings might be inaccurate. Law enforcement officers have been known to perform breath or blood tests improperly on occasion. Perhaps the suspect has a medical issue that led him to have a high blood alcohol level. It may be possible to get a Colorado charge of driving under the influence of alcohol dismissed by disputing the accuracy of the BAC tests.

What’s the BAC Limit to Drive?

For a DUI

Driving with a blood alcohol concentration (BAC) of 0.08 percent or above is immediately unlawful. Colorado prosecutors can prosecute any motorist with DUI per se if their blood alcohol concentration (BAC) is 0.08 percent or above, even if they are driving safely and do not feel impaired.

Even if a driver’s blood-alcohol level is less than 0.08 percent, they can still be charged with a DUI. The state would then have to show that the driver was significantly incapable of safely driving a motor vehicle. Eyewitness testimony, camera footage, and the findings of field sobriety tests would be used by the state (such as the walk-and-turn test).

For a DWAI

Driving with a blood alcohol concentration (BAC) of 0.05 percent to less than 0.08 percent is known as DWAI. Even if a person appears to be sober and safe, they might be guilty of DWAI. Prosecutors in Colorado just need to show that the defendant’s driving was influenced by alcohol and/or drugs to “the smallest degree.”

For UDD

Underage drinking and driving is defined as driving when under the age of 21 with a blood alcohol concentration (BAC) of 0.02 percent to less than 0.05 percent. This is an extremely low threshold, and even a tiny quantity of alcohol can cause a person’s blood alcohol concentration (BAC) to rise to 0.02 percent.

The state does not have to show that a UDD defendant was in any way impaired. The defendant is convicted of UDD just by exceeding the permissible BAC level. UDDs, sometimes known as “baby DUIs,” are part of Colorado’s “zero tolerance” policy for minor intoxication.

For Commercial Drivers

Excess BAC CDL refers to driving a commercial vehicle with a blood alcohol concentration (BAC) of 0.04 percent or above. Even if the commercial driver is not prosecuted with a DUI, the CDL will be suspended for a year by the Colorado DMV.

The revocation period is increased to three years if the commercial driver was transporting hazardous items at the time. And if the driver is ever convicted for Excess BAC CDL – or has a DUI – the CDL will be permanently revoked.

Commercial drivers under the age of 21 are subjected to a higher standard: Excess BAC Underage CDL is defined as driving a commercial vehicle with a blood alcohol concentration (BAC) of 0.02 percent to less than 0.04 percent. A first offense results in a three-month suspension of your CDL, while a second offense results in a six-month suspension of the CDL. A third violation results in a one-year suspension of the CDL.

How Many Beers Puts You Over the Legal Limit?

It’s nearly impossible to predict a person’s blood alcohol concentration to an acceptable degree of scientific accuracy unless they haven’t had any alcoholic drinks at all. That’s because a person’s age, weight, gender, time of day, and any food consumed during the day or while drinking all play a role in the equation. Alcohol tolerance varies from person to person. And if you’ve been drinking high-ABV craft beer, practically nothing following applies because many of those beers have a considerably higher alcohol-by-volume content. However, the below information generally applies to non-craft beers with an average ABV of 4.5%.

For a 100-pound woman, two beers in an hour will put her barely under the legal limit of .0794. Another drink or two from a third bottle will almost certainly send her over the legal limit of .08. She would have a .0583 blood alcohol level if she weighed 130 pounds and drank two beers in one hour. At that weight, a female could drink three beers in an hour without being legally inebriated.

A 150-pound man drinking two beers in an hour will have a blood alcohol level of around .0395. A male weighing 200 pounds with the same amount of beer consumed in the same length of time would have a blood alcohol level of around .0266. Despite the fact that impairment has begun, that 200-pound guy is considerably below the legal limit. He can drink a third beer and still drive under the .08 legal limit, according to the NHTSA calculation. He’d likely be over the legal limit if he drank six drinks in two hours.

Colorado Drinking and Driving Laws

Even with a permissible blood alcohol concentration, Colorado DUI laws make it illegal to operate a motor vehicle while under the influence of alcohol or drugs. DUI per se is driving with a blood alcohol concentration (BAC) of 0.08 percent or above. This applies even if the driver is unimpaired and driving safely. Drivers having a BAC of 0.05 percent to less than 0.08 percent may be charged with DWAI, a less serious Colorado crime.

DUI Penalties

With each subsequent conviction, Colorado’s criminal and administrative penalties for DUI, DUI per se, and DWAI become increasingly severe.

ConvictionClassificationPenalties
First DUI/DUI per seMisdemeanor→ 5 days to 1 year in jail
→ $600 to $1,000 fine
→ 48 to 96 hours public service
→ 9-month license suspension
→ 12 DMV points
→ alcohol education classes
→ up to 2 years probation
Second DUI/DUI per seMisdemeanor→ 10 days to 1 year in jail
→ $600 to $1,500 fine
→ 48 to 120 hours public service
→ 1-year license revocation
→ ignition interlock device (IID) for 2 years
→ 12 DMV points
→ alcohol education classes
→ at least 2 years probation
Third DUI/DUI per seMisdemeanor→ 60 consecutive days to 1 year in jail
→ $600 to $1,500 fine
→ 48 to 120 hours public service
→ 2-year license suspension
→ IID for 2 years
→ 12 DMV points
→ alcohol education classes
→ at least 2 years probation
First DWAIMisdemeanor→ 2 to 180 days in jail
→ $200-$500 fine
→ 24-48 hours community service
→ 8 DMV points→ up to 2 years probation
Second DWAIMisdemeanor→ 10 days to 1 year in jail
→ $600-$1,500 fine
→ 48-120 hours community service
→ 1-year license suspension
→ 8 DMV points
→ at least 2 years probation
Third DWAIMisdemeanor→ 60 consecutive days to 1 year in jail
→ $600-$1,500 fine
→ 48-120 hours community service
→ 2-year license suspension
→ 8 DMV points
→ at least 2 years probation

Contact a Denver Criminal Defense Attorney with Weeden Law

The good news is that a qualified Colorado DUI attorney has a plethora of ways to challenge both arrests and DMV license suspensions. At WeedenLaw, we’ve handled countless cases involving the Colorado alcohol limit. For more information, or to schedule a free consultation with a qualified defense attorney, please call 720-307-4330 today.

For similar content, read our blogs:

Denver DUI: Now What?

Advice for First Offense DUI in Colorado

What’s the Difference Between a DUI, DUID, and a DWAI?

What Happens When You Get an MIP in Colorado?

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