In the state of Colorado, the offense of drunk driving is referred to as "Driving Under the Influence" (DUI) and "Driving While Ability Impaired" (DWAI). DUI and DWAI offenses are charged as misdemeanors, unless other factors apply to enhance the charge to a felony offense.
Colorado Drunk Driving Laws By Charge Type
DUI - "Driving under the influence" means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. This is the most common Colorado DUI charge.
DWAI - "Driving while ability impaired" means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs, affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
PER SE DUI - Driving a vehicle in the state of Colorado with a blood alcohol content (BAC) of .08 or more at the time of driving or within two hours after driving is prohibited. Persons with a BAC of .08 or higher will be charged with "per se" DUI. The chemical test result indicating the person's BAC level will be sufficient evidence to prove impairment at trial. The offense of DUI per se may also be described as "Driving with an excessive alcohol content." HABITUAL USER - Persons who are habitual users of controlled substances are prohibited from driving a vehicle within the state of Colorado.
MINORS - Persons under the age of 21 who drive a vehicle in the state with a BAC between .02 and .05 will be charged with a class A traffic infraction.
VEHICULAR HOMICIDE - A person who operates or drives a motor vehicle while under the influence of alcohol and/or drugs that proximately causes the death of another will be charged with vehicular homicide. Vehicular homicide is a class 3 felony offense.
You can get a Colorado DUI in many types of vehicles
**In Colorado, DUI/DWAI charges do not only apply to cars. It is possible to be arrested for DUI/DWAI while operating or driving a boat, vessel, airplane, bicycle, or other motorized vehicle.
DUI - "Driving under the influence" means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. This is the most common Colorado DUI charge.
DWAI - "Driving while ability impaired" means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs, affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
PER SE DUI - Driving a vehicle in the state of Colorado with a blood alcohol content (BAC) of .08 or more at the time of driving or within two hours after driving is prohibited. Persons with a BAC of .08 or higher will be charged with "per se" DUI. The chemical test result indicating the person's BAC level will be sufficient evidence to prove impairment at trial. The offense of DUI per se may also be described as "Driving with an excessive alcohol content."