What is the Legal Limit of Alcohol When Driving in Colorado?
Drunk driving is a serious crime in Colorado. If you are caught operating a motor vehicle in the state with a blood alcohol concentration (BAC) above the legal limit, you can be arrested and prosecuted. This raises an important question: What is the legal limit for alcohol when driving in Colorado? The short answer is that the maximum allowable BAC limit is 0.08 percent for most drivers, but it is even lower for underage drivers and commercial drivers. Here, our Montrose criminal defense lawyer provides a guide to the legal limit for alcohol when driving in Colorado.
Colorado Sets Several Different BAC Thresholds for Different Situations
A key point to know is that Colorado does not rely on a single bright-line number. The 0.08 percent BAC rule applies only to standard drivers who are twenty-one or older and who are operating a personal vehicle. The law treats younger drivers and commercial drivers differently. The distinctions matter because prosecutors can file charges even when your BAC falls below 0.08 percent. Many people do not realize the scale of Colorado’s impaired-driving regime until they face an accusation. The state’s primary DUI statute is C.R.S. § 42-4-1301. It authorizes three main categories of impaired-driving charges. These categories overlap in a way that can confuse people.
The Maximum BAC Limit is 0.08 (Applies to Most Drivers)
For most drivers in Colorado, the maximum allowable blood alcohol concentration is 0.08. Indeed, a standard DUI charge applies when the state alleges that your BAC reached 0.08 percent or higher. The number looks simple, but the way the state “proves” that a driver’s blood alcohol was above this threshold can become complicated fast. Notably, Colorado prosecutors do not always need a roadside breath test that hits exactly 0.08 percent at the moment of the stop. They can rely on an evidentiary test taken later and then argue retrograde extrapolation. That method estimates what your BAC was at the time you drove. There is some inherent uncertainty.
Key Point: Once the state introduces a test result of 0.08 percent or above, the law presumes intoxication. It is not an absolute presumption. You can still challenge the accuracy and the interpretation of the result. You can also force the state to prove every element of the case. A top-rated Colorado DUI defense lawyer can help you build the most effective defense strategy.
DWAI: There is a Lower Threshold of 0.05 Percent
There is another type of drunk driving offense in our state called DWAI. Colorado uses a second category called Driving While Ability Impaired (DWAI). The BAC threshold is 0.05 percent. The lower limit creates major exposure for defendants because the state does not need to prove full intoxication. The statute asks whether alcohol affected your ability to drive to the slightest degree. A DWAI charge can surprise people who believe they “felt fine” after one or two drinks. Officers rely on field-sobriety tests, odor of alcohol, driving pattern, or any sign of impairment. A closed case can still lead to an arrest and a charge. If you test between 0.05 and 0.08 and an officer believes that you show any sign of impairment, you could be arrested and charged with a DWAI in Colorado.
There is a Zero Tolerance Rule for Underage Drivers (Under 21)
You must be 21 years of age to lawfully consume alcohol in Colorado. Of course, most people are aware that underage drinking does happen. It is not rare. Our state enforces especially strict DUI laws on underage drivers. There is a zero-tolerance standard for drivers under twenty-one. More specifically, Colorado law (C.R.S. § 42-4-1301(2)(d)) establishes a special offense called Underage Drinking and Driving (UDD). For this offense, the BAC threshold is 0.02 percent. To be clear, that amount can register after a single drink or even with some residual alcohol.
Underage defendants face administrative consequences through the Colorado Department of Revenue and criminal consequences through the courts. A young driver may lose driving privileges, pay fines, complete alcohol education, and face future insurance consequences. Of course, that means that a seemingly minor mistake can become a major long-term problem. A Colorado DUI defense lawyer with experience handling underage driving cases can help.
Note: An underage driver who has a BAC of 0.08 or higher will be arrested and charged with a standard criminal DUI offense. They will not merely face a UDD offense.
A 0.04 BAC Limit for Commercial Drivers
If you are actively operating a commercial vehicle, a stricter BAC standard applies. Commercial drivers are subject to a 0.04 percent BAC limit. Colorado enforces this rule under both state law and federal CDL regulations. These are high-stakes cases. Not only can a commercial driver be arrested for a BAC over 0.04, but he or she can also lose their career. A single test result of 0.04 percent or above while operating a commercial motor vehicle triggers immediate administrative consequences.
Prosecutors treat CDL cases as a separate class. They do not view commercial drivers as ordinary motorists. The legal system expects professional drivers to maintain a higher standard. Defendants in CDL cases often face an uphill battle because the state assumes a heightened level of responsibility. In other words, if you are a commercial driver facing a DUI offense or a DWIA offense, it is imperative that you contact an experienced Colorado defense lawyer right away.
Colorado’s “Driving” Standard Does Not Always Require Movement of the Vehicle
One more key point to know is that Colorado law allows for a person to be arrested for and charged with a DUI if they are in actual physical control of a motor vehicle while under the influence. Many defendants believe they cannot be charged unless the car moved. That is a common misconception. Colorado law does not require prosecutors to prove that specific fact. The definition of “driving” includes actual physical control. In other words, sitting in the driver’s seat with the keys accessible can satisfy the element. The state uses this broad approach to prevent intoxicated people from waiting in their car to “sleep it off.”
Why Trust Our Colorado DUI Defense Lawyer
DUI cases are complicated, especially when there are questions about whether or not your blood alcohol concentration (BAC) was actually above the legal limit. Our founder and lead attorney, Brent Martin, has more than twenty years of experience practicing criminal law in Colorado, including handling many DUI cases. If you are facing charges for operating a motor vehicle while over the legal limit, it is imperative that you have a top lawyer on your side. Contact us at our Montrose law office for a fully confidential, no obligation consultation with a Colorado DUI defense lawyer.
Get Legal Help Today
At The Martin Law Firm, our Montrose defense lawyer is a knowledgeable, experienced advocate for clients. If you or your loved one was arrested and charged with a DUI offense, we can help. Contact us today for your fully confidential, no obligation case review. With an office in Montrose, we defend DUI charges throughout the region, including in Montrose County, San Miguel County, Delta County, Gunnison County, and Mesa County.