What Is the Legal Limit of Alcohol When Driving?

Imagine you’re out with friends, enjoying a few drinks after a long week. You feel fine, maybe a little buzzed, but not drunk. You get in your car, thinking you’re okay to drive.

Then, flashing lights appear in your rearview mirror. A police officer stops you, and after a breath test, you’re facing DUI charges.

But what is the legal alcohol limit in Colorado, and how does it impact your case?

Understanding the law is essential in these situations. Here, you can learn more about this law and how a criminal defense attorney in Denver can help.

Colorado’s Legal Alcohol Limit

In Colorado, the legal limit for blood alcohol concentration (BAC) depends on the type of offense:

• DUI (Driving Under the Influence): A driver with a 0.08% or higher BAC is legally impaired. This applies to all drivers over 21.
• DWAI (Driving While Ability Impaired): Colorado has a lower threshold of 0.05% BAC. Even if you’re below the DUI limit, you can still be charged if your ability to drive is affected.
• Underage DUI: Drivers under 21 can be charged with a DUI with a BAC of 0.02% or higher under Colorado’s “zero tolerance” laws.
• Commercial Drivers: Those with a commercial driver’s license (CDL) have a stricter limit of 0.04% BAC while operating a commercial vehicle.

These laws mean that law enforcement may consider you impaired even if you feel fine based on your BAC level and behavior. A DUI defense lawyer in Denver, CO, can challenge test results and other evidence to build a strong defense.

How Are BAC Levels Measured?

Police officers use breathalyzers, blood tests, or field sobriety tests to determine impairment. However, these tests are not always accurate. Factors like medication, medical conditions, and improper testing procedures can result in false positives.

If you believe your BAC test was inaccurate, a DUI lawyer in Denver can investigate whether your rights were violated.

Penalties for Exceeding the Legal Limit in Colorado

Colorado takes DUI and DWAI offenses seriously. The penalties vary based on BAC level, prior offenses, and whether anyone was injured.

First-Time DWAI (0.05% to 0.079% BAC)

• Fine: Up to $500
• Jail time: 2 to 180 days
• Community service: 24 to 48 hours
• 8 points on your driving record

First-Time DUI (0.08% BAC or Higher)

• Fine: Up to $1,000
• Jail time: 5 days to 1 year
• License suspension: 9 months
• Community service: 48 to 96 hours
• Mandatory alcohol education classes

Multiple Offenses

• Second DUI: Mandatory jail time of 10 days to 1 year, a fine of up to $1,500, and a one-year license suspension.
• Third DUI: Minimum 60 days in jail, up to two years license suspension, and increased fines.
• Fourth DUI: Felony offense with possible state prison time.

Under Colorado’s express consent law, penalties increase if a driver refuses a BAC test. Refusing test results in automatic license suspension for one year and potential ignition interlock device requirements.

A Denver DUI defense lawyer can help you fight these charges, challenge test results, and negotiate reduced penalties.

DUI Arrests and Convictions in Colorado: The Statistics

According to the Colorado Department of Transportation (CDOT), there were over 22,000 DUI arrests in Colorado in a recent year. Despite awareness campaigns, impaired driving remains a significant issue:

• One-third of fatal crashes in Colorado involve an impaired driver.
• Drivers with a BAC of 0.08% or higher are four times more likely to crash than sober drivers.
• 70% of DUI convictions result in license suspension or revocation.

These statistics highlight the serious consequences of impaired driving. A criminal defense attorney in Denver can review your case and determine the best defense strategy.

Defenses Against DUI Charges

Even if you were arrested for DUI, it doesn’t mean you’re guilty. There are several ways a DUI defense lawyer in Denver, CO, can challenge the charges:

1. Inaccurate BAC Test Results – Breathalyzers can give false readings due to improper calibration, medical conditions, or certain foods.
2. Illegal Traffic Stop – If the police didn’t have probable cause to stop you, the case could be dismissed.
3. Violation of Rights – If officers fail to follow proper procedures, your DUI charge may be challenged in court.
4. Rising BAC Defense – Your BAC may have been under the limit while driving but increased by testing time.

What to Do If You’re Arrested for DUI

If you’re pulled over for suspected DUI, follow these steps to protect yourself:

• Remain calm and be polite – Don’t argue with the officer.
• Don’t admit to drinking – Anything you say can be used against you.
• Know your rights – You have the right to remain silent and request an attorney.
• Contact a defense lawyer in Denver immediately – An experienced attorney can help you navigate the legal system and protect your rights.

Talk to a Denver DUI Defense Lawyer Today

Facing DUI charges can be overwhelming, but you don’t have to fight alone. A criminal defense attorney in Denver can examine your case, challenge evidence, and work to minimize the impact on your life. Don’t wait—reach out for a consultation and take control of your defense today.