Driving Under the Influence

Driving Under the Influence

LAW and STATUTES for DUI

In Colorado, you could be charged with three different crimes associated with driving under the influence.  The different laws are commonly referred to as:  Driving Under the Influence, Driving Under the Influence per se, and Driving While Ability Impaired.

DUI: Colorado Revised Statute Section 42-4-1301 (1)(a) sets forth the elements for Driving Under the Influence, this charge is a misdemeanor, unless there are multiple offenses and then this may be a felony.

Driving Under the Influence of alcohol or drugs means that alcohol, drugs or both affected you to a point that you are substantially incapable to exercise clear judgment, physical control, or due care in safe operation of the vehicle.

DUI per se:  Colorado revised Stated Section 42-4-1301 sets for the elements for Driving Under the Influence, per se.  This statute is charged when a person’s blood alcohol content is above a .08.  If the blood alcohol content is below a .08, a DUI related charge may still occur, but it cannot be under this statute.

DWAI:  Colorado Revised Statute Section 42-4-1301 (1)(b) sets forth the elements for Driving While Ability Impaired. This is a different standard than stated above. It is a misdemeanor to drive while ability is impaired unless there are multiple offenses and then this may be a felony.

Driving While Ability Impaired means that you have consumed alcohol or drug(s) and that alcohol and/or drug(s) affected your ability to operate a vehicle in the slightest degree so that you were less able to drive as you ordinarily would have either mentally, physically, or both to exercise clear judgment, sufficient physical control, or due care.