Types of Violations

Colorado, like most other states has established two types of dui violations with which drivers can be charged. Most drivers will be charged with both types of violations by police in order to increase the chances of conviction. These charges most often appear on the summons as 42-4-1301 (1)(a), C.R.S. "Drove Vehicle Under the Influence" and 42-4-1301 (2)(a) "Drove Vehicle with Excessive Alcohol Content."

The first type of dui charge, 42-4-1301(1)(a), C.R.S.,relies upon outward signs of intoxication, e.g., bad driving, poor coordination, "blood shot, watery eyes and slurred speech." A prosecution under this section does not require a chemical test for for conviction, although the chemical test can be used to establish a presumption of guilt. The prosecutor will usually attempt to obtain a criminal conviction under 42-4-1301(1)(a) even if the accused refused to take a chemical test when stopped by the police.

The second type of dui charge, 42-4-1301(2)(a), C.R.S., involves the use of a "blood or breath alcohol concentration" (BAC) limit. Colorado has established a "legal limit" of 0.1 BAC above which drivers are automatically considered to have been "driving under the influence" (dui). "Drove with excessive alcohol content" also called "DUI per se" refers specifically to this part of the statute. Under the "per se" concept, you can be convicted of drunk driving solely upon proof that a level of 0.1 BAC was reached within two hours of driving - regardless of whether the driver was actually drunk when behind the wheel! For this reason, a successful defense strategy often centers around getting any chemical test excluded from evidence at trial.

I haven't mentioned any limits for drugs (duid) because there are none. If a urine, saliva or blood sample comes back positive for an intoxicating drug, the police and district attorney will likely try for to convict you of duid. Some unscrupulous police officers are known to charge people with duid if over the counter allergy medicines show up in their urine sample!

The good news is that Colorado, unlike most states, requires that a second sample of any chemical you might take must be kept for one year. All persons charged with alcohol or drug related driving offenses should have their chemical samples retested. Errors, even with blood samples are not uncommon - some prosecutors will "dump" a case if there is serious doubt about the reliability of the chemical test.