CDOT`s It`s Not Complicated campaign aims to inform Colorado residents that it`s never okay to drive, no matter how many alcoholic beverages they`ve drunk. It`s as simple as that. The campaign includes radio advertising, social media, billboards, video ads and liquor store messages, all of which feature flowcharts and graphics to illustrate that under any circumstances, it`s never okay to drive after drinking. CDOT wants those who should protect themselves and others by not drinking. Driving with a blood alcohol level of 0.08% or higher is automatically illegal. Even if the driver is safe and has no faculties, Colorado prosecutors can inherently bring drunk driving charges against any motorist for a blood alcohol level of 0.08 percent or higher. In all 50 states, the legal limit for impaired driving is a blood alcohol level of 0.08. A 120-pound woman can reach this level of intoxication after just two drinks, and a 180-pound man can be at 0.08 after just four drinks. However, these figures are average; Alcohol affects each person differently. One drink may be enough to push some people beyond the legal limit. A „drink“ is considered a 1.5-ounce glass of liquor, a 12-ounce glass of beer or a 5-ounce glass of wine. It is also possible to prosecute a dram shop case if the driver was served alcohol in a tavern or bar before swerving on the streets.
If the bartender could see that the driver was visibly drunk and serving him anyway, the tavern could be held liable under Colorado`s revised statutes. Injury to others does not even have to be a predictable consequence; The Colorado Supreme Court ruled in 2011 that the bartender must have served alcohol to a visibly drunk person. The state is not required to prove that a UDD defendant has been weakened in any way. Simply crossing the legal blood alcohol limit renders the defendant guilty of the DUD. UDDs, also known as the „DUI baby,“ are part of Colorado`s „zero tolerance“ policy for underage drunk driving. Excess CDL blood alcohol levels refer to driving a commercial vehicle with a blood alcohol level (BAC) of 0.04% or higher. Even if the commercial driver is not tracked with a DUI, the CDL will be suspended by Colorado DMV for one year. If you are charged with an alcohol-related traffic offense in Colorado, you face administrative penalties as well as criminal penalties.
Administrative penalties are imposed by the Department of Revenue, Motor Vehicle Division (VDD). Administratively, the DMV comes according to your driving authorizations. The possible penalties for drunk driving offences depend on previous criminal and administrative convictions (DUI) as well as the current number of points in your vehicle register. The table below provides a summary of administrative penalties by type of violation and history. Note: Drivers can be fired earlier with a restricted locking driver`s license, allowing a driver to get their driver`s license back after stopping driving at all for a month or two months in most cases. They must install a locking device on their vehicle for two years, demonstrate financial responsibility for two years, and complete a Level II drug and alcohol education and treatment program before the PPD designation is withdrawn. In Colorado, the blood alcohol concentration limit (BAC) is 0.08% for DUI and 0.05% for DWAI. The limit for impaired driving by minors is 0.02%.
Commercial drivers have a limit of 0.04%. Motorists driving a blood alcohol concentration at or above the blood alcohol limit may be held liable for impaired driving or IASD, even if there is no other evidence of actual impairment. It`s a common question, but determining how many drinks you can take depends on the circumstances. Your gender, body weight, the speed at which you drink and the type of alcoholic beverage consumed, as well as whether you ate something, all play a role. Alcohol seeps into the small intestine and stomach into the bloodstream in just 15 minutes. You get drunk when your blood alcohol level rises. Variables that can affect your blood alcohol level include weight, gender, age, water intake, and food intake. Driving with a blood alcohol level (BAC) of 0.05% to less than 0.08% is called DWAI. Even if a person appears sober and safe, they can be guilty of DWAI. Colorado prosecutors need only show that the defendant`s conduct was „in the slightest“ influenced by alcohol and/or drugs. All these blood alcohol penalties can make you think of simply refusing a blood alcohol test. Colorado, however, has a law called implied consent or express consent.
Like many other states, Colorado considers any operation of a motor vehicle in the state as consent to undergo a chemical test of your breath, blood or urine to determine the presence and prevalence of alcohol or other controlled substances in your body. If a police officer has reason to believe that you are driving under the influence of alcohol and refuses a chemical test, your driver`s licence can be revoked for up to one year. There are two different offences for which a person can be charged: impaired driving (DWAI) and driving under the influence of alcohol or drugs (DUI). Alcohol and driving by minors are defined as driving under the age of 21 with a blood alcohol level of 0.02% to less than 0.05%. This is an extremely low threshold, and even a small amount of alcohol can raise a person`s blood alcohol level to 0.02%. By challenging the accuracy of blood alcohol readings, it may be possible to get a waiver for a Colorado charge of driving under the influence of alcohol. Note that drivers can still charge a drunk driving fee even if their blood alcohol level is below 0.08%. The state would then have to prove that the driver was essentially unable to operate a motor vehicle safely.
The state would rely on evidence such as eyewitness testimony, video footage, and the results of field sobriety tests (such as the walking and turning test). In cases of drunk driving in Colorado, blood alcohol readings may be inaccurate. Law enforcement officials are known to occasionally conduct breath or blood tests inappropriately. Perhaps the suspect has a medical condition that caused him to have a high blood alcohol level. It may be possible to dismiss a Colorado charge of driving under the influence of alcohol by challenging the accuracy of the alcohol tests. (b) Nothing in this subsection (68.5) shall be construed to affect the penalties imposed under this Title for multiple alcohol or drug offences, including, but not limited to, penalties imposed for offences under Articles 42-2-125(g) and (1)(i) and 42-2-202 (2). Note: State laws can always change through the passage of new laws, decisions in higher courts (including federal decisions), voting initiatives, and other means. While we strive to provide the most up-to-date information available, please consult an attorney or conduct your own legal research to review the state laws you are seeking. 0.3%: At this level, you have probably reached the point of medical emergency. Most people will lose consciousness.
It is almost impossible to predict a person`s blood alcohol level with an acceptable level of scientific accuracy unless they have not drunk alcoholic beverages at all. That`s because age, weight, gender, time of day, and all foods consumed during the day or while drinking all play a role in the equation. Alcohol tolerance varies from person to person. And if you`ve drunk craft beer with a high alcohol content, virtually nothing matters, as many of these beers have a much higher alcohol content. However, the following information generally applies to non-craft beers with an average alcohol content of 4.5%. For a 100-pound woman, two beers in an hour will barely get her under the legal limit of 0.0794. One or two more drinks from a third bottle will almost certainly cause them to exceed the legal limit of 0.08. She would have a blood alcohol level of 0.0583 if she drank 130 pounds and two beers in one hour.
At this weight, a woman could drink three beers in an hour without being legally drunk. Colorado`s blood alcohol level per se is 0.08 percent, meaning that as long as a driver has a blood alcohol level of 0.08 percent, they could be convicted of impaired driving without further evidence of impairment. Colorado also has so-called „tightened DUI“ fees, which allow for increased penalties if the driver has a blood alcohol level of 0.17% or higher. In addition, Colorado enforces a „zero-tolerance law“ for drivers under the age of 21, with a blood alcohol level of 0.02 to 0.05 percent leading to a conviction for alcohol-related offenses and driving against minors. In terms of zero tolerance, these laws penalize anyone under the age of 21 who uses a vehicle with alcohol in their system. These are intended to protect young drivers and keep them off the road. This means that if their blood alcohol level is above 0.02%, that child could be arrested, liable to fines, probation, community service and even jail time.
