Legal BAC Limit DUI Colorado
The legal BAC limit for DUI in Colorado is 0.08%, but you can still be charged with a lower BAC depending on circumstances. Denver follows the same standards, but enforcement may vary by jurisdiction.
In short, Colorado law makes it illegal to drive with a BAC of 0.08% or higher, but charges can still apply at lower levels.
Understanding how BAC levels impact DUI charges in Colorado—and how they’re enforced in Denver—can help you make informed legal decisions if you’re facing charges.
DUI vs. DWAI: Key BAC Thresholds
Colorado recognizes two separate alcohol-related driving offenses:
DUI (Driving Under the Influence):
You can be charged if your BAC is 0.08% or higher. This is a per se limit—meaning you’re presumed impaired by law.DWAI (Driving While Ability Impaired):
A BAC between 0.05% and 0.079% can result in a DWAI. Officers may use field sobriety tests or observed behavior to support this charge.
Both offenses carry serious legal consequences. Penalties may include fines, probation, community service, or even jail time.
Are BAC Laws Different in Denver?
No. Denver follows the same legal BAC limits as the rest of Colorado. However, enforcement strategies and plea options may vary slightly based on the local court and prosecutorial policies.
That’s why having a Denver-based defense attorney is key—they understand both state law and local court procedures.
What About Drivers Under 21 or Commercial Drivers?
Colorado has special BAC limits for certain groups:
Underage Drivers (Under 21):
A BAC of 0.02% or higher can trigger an Underage Drinking and Driving (UDD) charge—even if you’re not impaired.Commercial Drivers:
The legal limit is 0.04% while operating a commercial vehicle. Violations can impact both your license and your livelihood.
These lower thresholds reflect the higher safety standards imposed by Colorado law.
How Can You Be Charged Below 0.08%?
Even with a BAC below the legal limit, you can be arrested for impaired driving if:
You’re showing signs of intoxication
You fail field sobriety tests
You admit to consuming alcohol or drugs
An officer believes your driving ability is affected
This is especially common in DWAI cases or those involving drug-related impairment.
How BAC is Measured and Challenged
BAC is typically measured using:
Breath tests (like a breathalyzer)
Blood tests (more accurate, often used when drugs are suspected)
Defense attorneys at The Moloney Law Firm may challenge these tests based on:
Inaccurate calibration of devices
Mishandling of blood samples
Lack of probable cause for the stop
These technical defenses can make or break a DUI case.
Do I have to go to court if I hire a lawyer?
Not always. Depending on the court and type of case, many court appearances can be done virtually with permission of the court.
Is the BAC limit different in Colorado mountain towns?
No. DUI laws and BAC limits are the same statewide, including Denver, Boulder, Aspen, and other municipalities.
Can I be charged if I wasn’t driving but sitting in my car?
Yes. Colorado allows DUI charges for being in “actual physical control” of the vehicle, even if it’s parked.
What if I refused a BAC test in Colorado?
Refusing a chemical test can result in automatic license suspension under Colorado’s express consent law.
How long does a DUI stay on your record in Colorado?
A DUI conviction remains on your record permanently, but some cases may be sealed under specific legal conditions.
Byline: Written by The Moloney Law Firm Editorial Team
Last updated: November 3, 2025
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Legal Disclaimer:
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Every case is unique. Contact a licensed Colorado criminal defense attorney like The Moloney Law Firm for specific legal guidance.
