Legal Alcohol Limit for a DWAI Versus DUI

What are the specific legal alcohol limits for drunk driving charges in Colorado? In Colorado, a person can face charges for driving while ability impaired (DWAI) or for driving under the influence (DUI). These two offenses have different legal alcohol limits, but a person can also face charges for either in cases where their blood alcohol concentration (BAC) is not above the legal limit. Our Denver and Brighton DUI defense lawyers can tell you more about the legal limit for DWAI versus DUI charges, as well as the other circumstances under which you can face DWAI or DUI charges.

BAC Limit for DWAI Versus DUI Charges

One of the ways in which a person can face charges for a DWAI or a DUI is if they have a BAC that is over the legal limit. Colorado is one of a handful of states that has a lesser charge than a DUI for a lower legal alcohol limit — this is a DWAI.

You can be charged with a DWAI based on blood alcohol concentration if you have a BAC of 0.05 percent or higher (but less than 0.08 percent). You can be charged with a DUI if you have a BAC of 0.08 percent or higher. If you have a BAC of 0.15 or higher, you may face more significant penalties, even for a first offense. When a person faces DWAI or DUI charges based on their BAC, this is typically known as a DUI per se.

Facing DWAI or DUI Charges for Reasons Other Than Your BAC

You should know that you can also face DWAI or DUI charges regardless of your blood alcohol concentration.

Under Colorado law, you can face DWAI charges if you have “consumed alcohol or one or more drugs,” including lawful prescription drugs, such that are you are affected to the slightest degree so that you are less able than the ordinary person would have been “to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.” You can face DUI charges if you have “consumed alcohol or one or more drugs,” including lawful prescription drugs, such that are you are “substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”

Contact a Denver DUI Defense Lawyer

It is important to understand the BAC legal limit for both DWAI and DUI charges in Colorado, but it is also essential to keep in mind that you can be charged with a DWAI or DUI even if your BAC is not above the legal limit. If you are stopped because you were driving in a manner that suggested your ability was impaired or that you were under the influence of drugs or alcohol, you can face DWAI or DUI charges even if you do not have a BAC above the limits listed in Colorado law. Regardless of whether you are facing DWAI or DUI charges after a breathalyzer test that showed a BAC above the legal limit or because of your driving behavior, you will need to have an experienced Denver DUI defense lawyer at DeChant Law on your side. Contact us today to begin working on a defense strategy in your DWAI or DUI case.

Source:

law.justia.com/codes/colorado/title-42/regulation-of-vehicles-and-traffic/article-4/part-13/section-42-4-1301/