There are two levels of alcohol-related driving offenses in Colorado-both determined by the driver’s blood alcohol concentration. DWAI is the lesser of the two offenses when a driver’s BAC is between 0.05% and 0.079%. DUI is more severe and is when a driver’s BAC is 0.08% or higher. Those found driving while their ability is impaired by alcohol (DWAI) for the first time will receive 8 points toward a license suspension, pay a fine ranging from $200 to $500, perform 24-48 hours of community service, and could spend 2 to 180 days in jail.

Drivers who are found to be under the influence (DUI) for the first time could have their license suspended for up to a year, pay a fine ranging from $500-$1,000, spend 5 days to 1 year in jail, perform 48-96 hours in community service, and attend alcohol education classes for 3 to 9 months. Penalties increase when a person is arrested for their second, third, and subsequent charges. A fourth DUI conviction is a felony and carries serious life-long consequences. If you have been arrested for DUI, don’t hesitate to get in touch with our firm. Whether it is your first or fifth DUI, we have the ability to help you fight for your rights.

If a person is charged with DUID, or driving under the influence of drugs, they may receive similar penalties to those found guilty of driving under the influence of alcohol, but DUID cases are harder to prove in a court of law. When a police officer charges a person with driving under the influence of drugs, the court must prove that the driver was taking a drug that impaired their motor skills, reaction time, and/or judgment. Due to limitations in technology, in many cases it is difficult to test a person’s drug levels, and prove how said drug may have caused impairment at the time the individual was operating a motor vehicle.

With the exception of THC (see below), unlike alcohol, there is no agreed-upon limit for which impairment is consistently demonstrated, and oftentimes, drugs remain in a person’s body for weeks or months after they initially ingested the drug. Some states have a per se law, which prohibits a person from operating a motor vehicle with any detectable level of an illegal drug, but Colorado does not have such a law to date. If you have been accused of driving while under the influence of drugs, it may be in your best interest to contact Reliance Legal.

Colorado’s legal limit for THC is 5ng of active THC. The only way to determine the level of active THC in a person’s blood stream is through an analysis of a blood sample taken shortly after a person is contacted for DUID. These results should be analyzed carefully as they also include non-impairing inactive THC metabolites. Courts do not always understand the difference and a person can be unfairly prosecuted for non-impairing THC results. Protect yourself by contacting Reliance Legal Services to analyze your blood test results.