DUI Laws in Colorado. In Colorado, you are considered “Under the Influence” if your blood or breath alcohol content is 0.080 or higher. However, you can still be charged with DUI even if your test results are below 0.080.
The alcohol limit for driving refers to the level of blood alcohol content (BAC) at which a driver is legally considered to be driving under the influence (DUI) of alcohol. However, the alcohol limit is a more complex topic than you might imagine.
If you or someone you know is facing charges related to driving under the influence, consult with an experienced Colorado DUI defense attorney from McAdams Law Office today.
In Colorado, legal blood alcohol concentration (BAC) limits for driving vary based on age and vehicle type. Here are the primary BAC limits:
General Drivers: The BAC limit for most drivers is 0.08%. A BAC of 0.08% or higher constitutes a DUI (Driving Under the Influence) offense, regardless of whether the driver shows visible signs of impairment.
DWAI (Driving While Ability Impaired): Drivers with a BAC between 0.05% and 0.08% may face a DWAI charge, a lesser offense than DUI. The prosecution must prove only that alcohol affected the driver’s ability to operate the vehicle, even minimally.
Underage Drivers: For drivers under 21, the BAC limit is stricter at 0.02%. Any BAC over this limit can lead to an Underage Drinking and Driving (UDD) charge, also known as a “baby DUI.”
Commercial Drivers: The BAC limit for commercial drivers is 0.04%. If a commercial driver is found with a BAC at or above this level, they risk severe penalties, including potential suspension of their commercial driver’s license (CDL).
These limits are rigorously enforced in Colorado, and drivers may face DUI or DWAI charges even if their BAC is below the standard limits if their driving ability is judged to be impaired.
Driving with a BAC over the legal limit in Colorado can lead to severe penalties. These penalties can vary depending on the specific circumstances of the case, such as prior DUI convictions and any injuries or fatalities caused by the impaired driving. Some possible penalties for driving with a BAC over the limit include:
Colorado has strict DUI laws for marijuana, making it illegal to drive even if you are within the legal possession limits. The state sets a THC limit of 5 nanograms per milliliter (ng/ml), but officers can still charge you with impairment below this threshold. Unlike alcohol, THC affects everyone differently, so impairment isn’t always easy to measure.
Under Colorado’s DUI laws, a BAC of 0.15% or higher classifies a driver as a Persistent Drunk Driver (PDD). This designation brings harsher penalties, including mandatory treatment and extended ignition interlock requirements. This status comes with mandatory alcohol education, treatment programs, longer license suspensions, and extended ignition interlock requirements.
Colorado enforces a zero-tolerance policy for underage drinking and driving, with strict penalties even for low BAC levels. According to No DUI Colorado, penalties include:
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If you’ve been charged with exceeding the legal alcohol limit Colorado sets, you can challenge your BAC results by questioning test accuracy. Breath, blood, or urine tests may be unreliable due to factors such as:
Drivers who exceed the legal alcohol limit Colorado enforces may be required to install an Ignition Interlock Device (IID) to regain restricted driving privileges after a DUI conviction. According to the Colorado DMV, eligibility varies based on offense severity:
If you or someone you know is facing DUI or DWAI charges in Colorado, never wait to seek the guidance of a skilled attorney. Understanding the complexities of the state’s DUI laws can be challenging, but an experienced lawyer can provide defense representation and protect your rights.
Contact McAdams Law Office today at 970-353-0000 for a consultation. Our dedicated DUI defense attorneys are ready to provide the professional advice you need in your DUI case.
In Colorado, a driver can be charged with driving while ability impaired (DWAI) if their BAC is between 0.05% and 0.079%. While the penalties for DWAI are generally less severe than those for DUI, it is still a serious offense. A DWAI conviction can result in fines, license suspension, mandatory alcohol education classes, and even jail time.
For commercial vehicle operators in Colorado, the BAC limit is set at 0.04%. This lower limit is in place due to the increased responsibility that comes with operating a commercial vehicle. A commercial driver who exceeds this limit can face serious consequences, including loss of their commercial driver’s license and potential job loss.
Colorado has a zero-tolerance policy for underage drinking and driving. Any detectable amount of alcohol in the system of a driver who is under the age of 21 can result in a DUI charge. This means that even a BAC below the legal limit of 0.08% can lead to serious legal consequences for underage drivers.
Trying to handle a DUI case on your own can lead to serious consequences. Colorado’s strict DUI laws—like its legal alcohol limit Colorado enforces—can impact your job, insurance, and personal freedom.
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.