Driving Under the Influence, or DUI, is defined under the Colorado Revised Statutes Section 42-4-1301(1)(f).
In Colorado, DUI means driving a vehicle (including a bicycle) when the driver has consumed alcohol or drugs, or a combination of alcohol and drugs, which alone or combined affects the person to a degree that the person is substantially incapable, either mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
You can be found guilty of DUI in Colorado even if your blood or breath alcohol content is less than 0.08. The fact that a defendant's blood or breath alcohol content is 0.08 or more gives rise to the rebuttable presumption that the defendant was under the influence of alcohol.
You have the option of having your blood (but not a breath) sample retested by an independent certified testing facility. There is a possibility that this second test will assist in your defense since most DUI/DWAI prosecutions are based primarily on the results of the chemical test. There is also a possibility that the retest sample will provide no assistance to you. Student Legal Services provides additional information which explains how to get your blood sample retested.
DUI is a Class II traffic misdemeanor in Colorado.
Penalties for DUI generally include five days to one year imprisonment, a fine of $300 to $1,000, and 48 to 96 hours of public service. In addition, a defendant convicted of DUI must pay a series of fees related to the above described penalties, and must contribute to several funds. Probation, alcohol and drug evaluation and attendance at a victim impact panel may also be required and may involve additional costs.
Note: Penalties are higher for a subsequent conviction (a conviction after a previous conviction for DUI, DUI per se, habitual user, vehicular homicide, vehicular assault, driving under restraint, or DWAI) or when a defendant's blood or breath alcohol content is 0.20 or higher. The higher penalty includes mandatory jail. At times it is difficult to determine whether you have a previous conviction. Consult an attorney.
In addition to the above penalties, a conviction for DUI has serious consequences relating to your driver's license.
Consult an attorney if you are charged with DUI.