Many people know that Driving Under the Influence, C.R.S. 42-4-1301, can be charged in Fort Collins, Colorado if you get pulled over and your Blood Alcohol Content / BAC is 0.08 or higher. But did you know that you can be charged with Driving While Ability Impaired / DWAI if you have a BAC of 0.051 – 0.079? Or that you can be designated a Persistent Drunk Driver if you have a BAC of 0.15 or higher – even if it’s your first DUI / DWAI?
While there are several different BAC levels that affect how DUI and DWAI are charged in Colorado, there is one huge bottom line: if you have been charged with either, you need to contact a top Fort Collins DUI lawyer as soon as possible.
What is the Blood Alcohol Content / BAC for DUI in Colorado?
The Blood Alcohol Content / BAC for DUI in Colorado is 0.08. Generally, DUI is charged in Colorado for drinking and driving when alcohol consumption has rendered you “substantially incapable” of the ability to drive. However, some people have higher alcohol tolerances than others, and can still drive somewhat well after they’ve had a few beers. Even with this tolerance, though, you can be charged with DUI Per Se if you had a BAC level of 0.08 or higher at the time that you drove.
0.051 – 0.079: The BAC for DWAI in Fort Collins
Even if your BAC is under 0.08, you can still be charged with DWAI in Fort Collins if your BAC is 0.051 – 0.079. Driving While Ability Impaired is charged in Colorado when a person’s ability to drive is impaired “to the slightest degree.” Like DUI, however, you can still be charged for drinking and driving if you get pulled over and your BAC is 0.051 – 0.079, even if you can drive reasonably well.
BAC of 0.15 or Higher: Persistent Drunk Driver Designation in Larimer County
A BAC of 0.15 or higher will affect your DUI case in that you will be designated a Persistent Drunk Driver, even if it’s your first DUI. If you are designated a Persistent Drunk Driver, your driver’s license will be suspended, and you will have to follow these requirements to have it reinstated:
- Have an ignition interlock device installed in your car for 1 year. This requirement goes up to 2 years if you refused the express consent test.
- Obtain an SR-22 insurance policy rider. This requires your insurance provider to notify the Larimer County Courts if you cancel your insurance policy.
- Pay for and complete a Level II Alcohol Education and Treatment program approved by the Behavioral Health Administration. Alcohol treatment programs that have not been approved by the BHA will not count toward this requirement.
Contact a Top Fort Collins DUI Lawyer Today
Regardless of whether you have been charged with Driving Under the Influence or Driving While Ability Impaired, it is essential that you contact a top Fort Collins DUI lawyer today. BAC levels are just a drop in the bucket of DUI / DWAI cases, and you need an experienced lawyer to navigate the complexities of the rest of your particular case. By representing you, we can help you attain the best possible outcome in your case. Don’t wait, and give us a call today.
If you’ve been charged with Driving Under the Influence, remember to be smart, and exercise your right to stay silent. Then call 970-658-0007 to discuss your case with a top Fort Collins DUI lawyer today. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Pavel Danilyuk