Many Colorado drivers associate DUI charges with a blood alcohol concentration of 0.08%. While 0.08% is an important threshold under Colorado law, having a BAC below that level does not necessarily mean a driver cannot face an alcohol-related driving charge.
Colorado recognizes both driving under the influence (DUI) and driving while ability impaired (DWAI), and the circumstances surrounding a traffic stop can matter in addition to a chemical test result. For drivers in Louisville, understanding these distinctions can be important after an arrest or citation involving suspected impaired driving.
Is 0.08% the Only BAC Level That Matters in Colorado?
No. A BAC of 0.08% or higher can create significant legal consequences, but Colorado's impaired-driving laws are not limited to drivers who reach that threshold.
A driver may face a DWAI charge when alcohol, drugs, or a combination of substances affect their ability to operate a vehicle to the slightest degree. A BAC between 0.05% and 0.08% can therefore still create legal problems.
This distinction surprises many people in Louisville who assume that being "under the legal limit" automatically prevents an impaired-driving charge.
The reality is that a BAC result is one piece of evidence. Police and prosecutors may also consider the driver's behavior, physical appearance, performance on roadside tests, driving pattern, and other circumstances surrounding the stop.
What Is the Difference Between DUI and DWAI in Colorado?
Colorado law distinguishes between DUI and DWAI based on the degree of impairment.
DUI generally involves a person who is substantially incapable of safely operating a vehicle because of alcohol, drugs, or a combination of substances. DWAI involves impairment to a lesser degree, but it can still result in a criminal charge.
This means a Louisville driver does not necessarily need a BAC of 0.08% or higher to be accused of impaired driving.
The distinction also matters because DUI and DWAI can carry different penalties. The consequences may depend on factors such as:
- The driver's BAC
- Whether alcohol, drugs, or both were involved
- Prior alcohol-related driving offenses
- Whether an accident occurred
- Whether another person was injured
- The driver's age
- The evidence gathered during the traffic stop
- Whether the driver submitted to chemical testing
Anyone facing either charge should take it seriously. Our Louisville DUI defense attorneys can evaluate the evidence and explain how Colorado's impaired-driving laws apply to the circumstances of a particular case.
Can You Face DUI Charges With a BAC Below 0.08%?
Potentially. A chemical test result does not exist in isolation.
Suppose a driver has a BAC below 0.08%, but an officer claims the driver was weaving between lanes, had difficulty communicating, performed poorly on roadside sobriety exercises, or displayed other alleged signs of impairment. Prosecutors may attempt to use the totality of that evidence when pursuing an impaired-driving case.
The presence of drugs can further complicate the situation. A driver may have consumed alcohol and also used marijuana, prescription medication, or another substance. In those circumstances, prosecutors may argue that the combined effects impaired the person's ability to drive even though the alcohol concentration alone was below 0.08%.
Every case depends on its individual facts.
What Evidence Do Police Use During a Louisville DUI Stop?
The investigation often begins before an officer ever speaks with the driver. Police may document what they observed while following the vehicle and use those observations to justify the initial traffic stop.
Once contact occurs, officers may look for additional signs they associate with impairment.
Evidence in a Louisville DUI or DWAI case may include:
- The driver's BAC result
- Driving behavior before the stop
- Statements made to the officer
- Odor of alcohol
- Physical appearance
- Speech patterns
- Field sobriety test performance
- Body-camera or dashboard-camera footage
- Breath or blood test results
- Evidence of alcohol or drugs inside the vehicle
- Witness statements
The existence of this evidence does not automatically establish guilt. A DUI defense attorney can examine how the evidence was obtained, whether procedures were followed, and whether alternative explanations exist for the officer's observations.
Are Field Sobriety Tests Enough to Prove Impairment?
Field sobriety testing may become part of the prosecution's evidence, but performance can be affected by factors unrelated to alcohol.
A person may have difficulty completing roadside exercises because of an injury, disability, fatigue, anxiety, footwear, uneven pavement, weather conditions, or confusion about the instructions.
Those circumstances can be especially relevant during a DUI investigation in Louisville, where winter weather and road conditions may sometimes affect the environment in which roadside testing occurs.
Video evidence can be useful when evaluating these encounters because it may show the instructions given by the officer, the conditions at the scene, and how the driver actually performed.
What if Prescription Medication Is Involved?
Alcohol is not the only substance that can result in an impaired-driving investigation in Colorado.
Prescription and over-the-counter medications can potentially affect driving ability. A person may therefore face an investigation even when the medication was lawfully prescribed.
The key issue is not simply whether someone had legal permission to possess or use the medication. Authorities may examine whether the substance impaired the person's ability to operate a vehicle safely.
Cases involving multiple substances can become particularly complicated because prosecutors may argue that alcohol and medication had a combined effect.
Drivers should tell their attorney about any medications that could be relevant to the case so that the circumstances can be properly evaluated.
Can a BAC Test Be Challenged?
Depending on the circumstances, chemical testing may raise issues that deserve closer examination.
A defense attorney may review how a breath or blood sample was collected, whether applicable procedures were followed, how testing equipment was maintained, and whether the evidence was properly handled.
Timing can also matter. A test obtained after the traffic stop measures a person's BAC at the time the sample was taken, not necessarily at the precise moment the person was driving.
Potential issues involving chemical testing are highly case-specific. A result below or above a particular number should therefore be considered alongside the rest of the evidence rather than viewed as the entire case.
What Should You Do After a DUI or DWAI Arrest in Louisville?
An impaired-driving charge can affect driving privileges, finances, employment, insurance costs, and a person's criminal record. Taking the charge seriously from the beginning can help protect important legal rights.
After an arrest, consider taking the following steps:
- Keep all documents provided by police or the court.
- Write down what you remember about the traffic stop.
- Preserve any relevant photographs, videos, or receipts.
- Avoid discussing the case on social media.
- Keep track of court and DMV deadlines.
- Do not assume a BAC below 0.08% means the case will automatically be dismissed.
- Speak with a Colorado DUI defense attorney about the evidence.
Colorado DUI cases can also involve administrative driver's license proceedings separate from the criminal case. Some deadlines may arise quickly, making prompt attention especially important.
A BAC Below 0.08% Does Not Automatically End the Case
The phrase "legal limit" can create the misleading impression that anything below 0.08% is legally safe from prosecution. Colorado law is more nuanced.
A Louisville driver with a BAC below 0.08% may still face allegations of DWAI or, depending on the evidence and circumstances, other impaired-driving consequences. The strength of the case will depend on much more than a single number.
Reviewing the traffic stop, chemical testing, officer observations, video evidence, and other circumstances can help determine what defenses may be available.
Speak With a Louisville DUI Defense Attorney
If you are dealing with a DUI, DWAI, or another impaired-driving charge in Louisville, our attorneys are here to help. Datz Law Firm can review the circumstances of your arrest, evaluate the evidence against you, and help you understand your options under Colorado law.
Call us today at (720) 879-1114 or connect with us online to schedule a consultation.
