
In the state of Colorado, the legal blood alcohol concentration (BAC) limit is 0.08% for DUI (Driving Under the Influence). This means that drivers with a BAC of 0.08% or higher are considered legally impaired and can be charged with a DUI, even if their driving was not problematic or dangerous. However, it's important to note that impairment can begin long before a person reaches the legal limit, and the number of drinks it takes to reach this limit can vary depending on factors such as age, weight, gender, and food consumption. In addition to the DUI law, Colorado also has a lower threshold of 0.05% BAC for DWAI (Driving While Ability Impaired), and even stricter limits for commercial drivers and minors.
| Characteristics | Values |
|---|---|
| Legal limit for blood alcohol concentration (BAC) | 0.08% |
| DUI (Driving Under the Influence) | BAC of 0.08% or higher |
| DWAI (Driving While Ability Impaired) | BAC of 0.05% to less than 0.08% |
| Underage DUI (under 21 years old) | BAC of 0.02% or higher |
| Commercial Drivers | BAC of 0.04% or higher |
| Commercial Drivers under 21 years old | BAC of 0.02% to less than 0.04% |
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What You'll Learn

DUI and DWAI limits
In the state of Colorado, the legal blood alcohol concentration (BAC) limit depends on the type of offence. For DUI (Driving Under the Influence), a BAC of 0.08% or higher is considered legally impaired. This applies to all drivers over 21.
Research shows that impairment begins long before a person reaches the blood alcohol concentration necessary to be guilty of DUI. A 120-pound female can reach this level of intoxication after only two drinks, and a 180-pound male can be at 0.08% after only four drinks. However, these numbers are averages, and alcohol affects everyone differently. One drink may be enough to push some people over the legal limit.
DWAI (Driving While Ability Impaired) has a lower BAC threshold of between 0.05% and 0.079%. Even if your BAC is below 0.05%, you can still be charged with DWAI if an officer believes your driving ability is impaired to the slightest degree. For instance, if an officer assumes you are impaired because of bloodshot eyes and slurred speech, you may be arrested for DWAI even with a BAC of 0.04%.
Drivers under 21 can be charged with a DUI with a BAC of 0.02% or higher under Colorado's "zero tolerance" laws. A BAC of 0.04% will result in the loss of a commercial driver's license.
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DUI arrests
In Colorado, a person is considered to be "'under the influence'" when their blood or breath alcohol content (BAC) is .08% or greater. This is the legal limit for DUI (Driving Under the Influence) in all 50 states. A person with a BAC of .08% is eleven times more likely to crash than a sober driver.
If a police officer suspects that you are driving under the influence, they will pull you over and assess your state of mind. They may ask you to blow into a breathalyzer. If the officer believes that you are too drunk to drive, they will arrest you and take you to a nearby center for further testing. You may be required to stay at this location until you are sober. You will likely be issued a court summons and may have to pay fines, in addition to having your license suspended or revoked.
Even if your BAC is below .08%, you can still be convicted of a drunk driving crime in Colorado. The state would need to prove that you were substantially incapable of operating a vehicle safely. An officer can charge you with DWAI (Driving While Ability Impaired) if they believe your driving ability is impaired, even if your BAC is below .05%. If you refuse to take a BAC test, penalties increase, and your license will be automatically suspended for one year.
If you are facing DUI charges in Colorado, it is important to contact a lawyer as soon as possible. An experienced DUI lawyer can help you navigate the legal system, protect your rights, and determine the best defense strategy.
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DUI penalties
In Colorado, the legal blood alcohol concentration (BAC) limit depends on the type of offense. For DUI (Driving Under the Influence), a BAC of 0.08% or higher is considered legally impaired. This applies to all drivers over 21.
If you are pulled over for suspected DUI, the officer may ask you to blow into a breathalyzer. If they believe you are too drunk to drive, they will arrest you and take you to a nearby center for further testing. You may be required to stay at this location until you are sober. You will likely receive a court summons and be forced to pay fines, and your license may be suspended or revoked.
If you refuse to take a BAC test, penalties increase, and your license will be automatically suspended for one year. You may also be required to install an ignition interlock device.
If you are convicted of a DUI, 70% of cases result in license suspension or revocation. DUI convictions can also result in jail time, community service, probation, and attendance at alcohol education classes. The specific penalties vary depending on the number of prior offenses and other factors.
DWAI
Colorado also has a lower threshold for DWAI (Driving While Ability Impaired), with a BAC limit of 0.05%. Even if your BAC is below the DUI limit, you can still be charged with DWAI if your ability to drive is affected. For commercial drivers, a BAC of 0.04% or higher is considered "Excess BAC CDL," and their CDL will be suspended for one year.
Underage DUI
Colorado has a zero-tolerance policy for underage drunk driving. Drivers under 21 can be charged with a DUI with a BAC of 0.02% or higher. This is also known as UDD (Underage Drinking and Driving) and is a class A traffic infraction.
Drug-Related DUI
Colorado's DUI statute covers not only alcohol but also drugs, including prescription and over-the-counter medications. You can be charged with DUI if you refuse to submit to a chemical test while showing signs of impairment due to drugs. The state has also approved a permissible inference limit for THC (the active metabolite in marijuana) of 5 ng/100 ml of blood.
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BAC levels and impairment
In Colorado, the legal blood alcohol concentration (BAC) limit depends on the type of offense. For DUI (Driving Under the Influence), a BAC of 0.08% or higher is considered legally impaired for drivers over 21. This limit applies in all 50 states, and at this level, drivers are more likely to crash than sober drivers. A 120-pound female can reach this level of intoxication after only two drinks, while a 180-pound male can be at 0.08% after four drinks. However, these are averages, and alcohol affects each person differently.
For drivers under 21, the legal limit is stricter, at 0.02% BAC, as part of Colorado's "zero tolerance" laws. Commercial drivers also have a lower threshold, with a BAC limit of 0.04%, which results in the loss of a commercial driver's license.
Even if your BAC is below the DUI limit, you can still be charged with DWAI (Driving While Ability Impaired) if your ability to drive is affected. In Colorado, a BAC of 0.05% to less than 0.08% falls under DWAI. You can be convicted of DWAI even if you feel sober and are driving safely. Colorado prosecutors only need to prove that your driving ability was affected "to the slightest degree."
It is important to note that impairment can begin long before a person reaches the BAC necessary for a DUI or DWAI. Research shows that some impairment begins for both males and females after just one drink. Additionally, factors such as age, weight, food consumption, gender, time of day, and illegal substances ingested can influence BAC levels and impairment.
While there is no exact science to determine when it is safe to drive after drinking, it is always better to err on the side of caution. Alcohol enters the bloodstream quickly, and the legal consequences and risks of impaired driving are severe.
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Underage drinking and driving
In Colorado, the legal limit for blood alcohol concentration (BAC) depends on the type of offense. For drivers over 21, a BAC of 0.08% or higher is considered legally impaired or DUI (Driving Under the Influence). A 120-pound female can reach this level of intoxication after only two drinks, and a 180-pound male can be at 0.08% after only four drinks. However, research shows that impairment begins long before this level, and drivers with a BAC of 0.08% or higher are four times more likely to crash than sober drivers and are 11 times more likely to have a single-vehicle crash.
For commercial drivers, there is a stricter limit of 0.04% BAC while operating a commercial vehicle. Even if a driver's BAC is below 0.08%, they can still be charged with DWAI (Driving While Ability Impaired) if their driving ability is impaired.
Colorado has a strict zero-tolerance policy for underage drinking and driving. For drivers under 21, the legal limit for BAC is much lower, at 0.02%. This limit is so low that it can be exceeded by mouthwash, desserts, or over-the-counter medicines that contain alcohol. Underage drinking and driving is a common charge in Colorado Courts and can carry serious consequences. A first offense results in a fine of up to $150, a three-month driver's license suspension, four points on the offender's Colorado driving record, up to 24 hours of community service, and an evaluation and treatment program at the driver's expense. Subsequent offenses are considered a Class 2 traffic misdemeanor and carry even harsher penalties, including a minimum prison sentence of 10 to 90 days and a fine of up to $300.
In addition to legal consequences, underage drinking and driving can impact insurance rates, scholarships, and career ambitions. It can also put the driver, their passengers, and other people on the road at risk of injury or death. Therefore, it is essential to understand the legal limits and the risks associated with drinking and driving before making the decision to consume alcohol.
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Frequently asked questions
In Colorado, the legal limit for blood alcohol concentration (BAC) depends on the type of offense. For DUI (Driving Under the Influence), a BAC of 0.08% or higher is considered legally impaired. For DWAI (Driving While Ability Impaired), the limit is 0.05%. For commercial drivers, a BAC of 0.04% or higher is considered "Excess BAC CDL", and for underage drunk driving, the limit is 0.02%.
Under Colorado's express consent law, refusing a BAC test results in automatic license suspension for one year and potential ignition interlock device requirements. Penalties increase if a driver refuses a BAC test, and DUI convictions often result in license suspension or revocation.
While everyone is affected differently by alcohol, there are some common symptoms of intoxication. At 0.02% BAC, light to moderate drinkers may feel some effects. At 0.04%, your inhibitions begin to lessen and relaxation sets in. At 0.06%, your mental acuity and judgment start to wane. At 0.08%, the legal limit, intoxication negatively impacts your motor skills and driving ability. At 0.10%, your reaction times and reflexes slow down significantly, and at 0.12%, you may begin to feel sick and nauseous unless you are a regular drinker.
The number of drinks to reach the legal limit varies depending on factors such as age, weight, gender, time of day, and food consumption. For example, a 120-pound female may reach the legal limit of 0.08% after only two drinks, while a 180-pound male may need four drinks. However, these numbers are averages, and alcohol can affect individuals differently.












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