DRIVING UNDER THE INFLUENCE  

Drinking and driving is one of the greatest problems causing highway crashes. Every year, tens of thousands of people are killed in alcohol related traffic crashes. Drinking drivers are more likely than other drivers to take excessive risks such as speeding or turning abruptly. The drinking driver is also more likely to have slowed reaction times and may not be able to react quickly enough to avoid a collision.

Alcohol is a depressant drug that affects the central nervous system which affects the brain. It slows reflexes and reaction times while reducing the ability to make split second decisions necessary to safely operate a motor vehicle. As the amount of alcohol in your body increases, your judgment worsens and your skills decrease.

The amount of alcohol absorbed in your blood stream is what causes you to feel the effects of drinking. This is called Blood Alcohol Concentration (BAC). BAC is determined by a chemical test, usually of blood or breath.

The driver with a BAC between 0.05% and 0.09% is presumed to be Driving While his Ability to drive is Impaired. If a driver BAC is 0.10% or greater, he is the alcohol and any other drugs. For example, one drink, when you are also taking an allergy or cold medication, could have the same effect as several drinks. 

Illegal drugs such as marijuana, cocaine, LSD and heroin also affect your reflexes, judgment, and alertness along with their many other dangerous side effects. These drugs can give a person a false sense of alertness and self confidence or make a person drowsy and unable to react to simple situations.

EXPRESS CONSENT LAW (C.R.S. 42-4-1301)

The Express Consent Law means that when you operate a motor vehicle within the state, you have already agreed to take a chemical test of your blood, breath, or urine to determine the alcohol and/or drug content of your blood. The law is designed specifically to quickly remove the drinking or drugged driver from the roads. If a law enforcement officer suspects that you are driving under the influence or while your ability is impaired by alcohol and/or drugs, he can require that you take a chemical test of your blood, breath, or urine. If you refuse to take the test or don't cooperate with the testing procedure, your license will be revoked for a period of one year. If other suspensions or revocations come about from this same incident, they will be added onto the end of the revocation (consecutively).

Because driving "under the influence" is so dangerous, the penalties for alcohol or drug related violations are very tough, and DUI enforcement efforts by the police are a top priority that can include jail, fines, and suspension of your driving privileges. Colorado law does not allow you to "plea bargain" your way out of an alcohol or drug related driving offense.

The only sure way to avoid the consequences is not to use alcohol or drugs at all when you will be driving. 

UNDER AGE 21

Any driver under the age of 21, convicted of D.U.I. or D.W.A.I., is subject to a mandatory revocation of their driving privilege for one year.

Drivers under the age of 21 with a BAC of .02 but less than .10 are subject to a mandatory revocation of their driving privilege. 

Any person under the age of 21 who buys or possesses liquor (including beer) is subject to mandatory revocation of their driving privilege even if driving is not a factor.

01st Driving While Ability Impaired (DWAI) 0.05% 8 $100-$500 2days- 180 days 24 hours- 48 hours

2nd Driving While Ability Impaired (DWAI) 0.05% Revocation 1 year $300-$1000 45 days-1 year 48 hours-96 hours

1st Driving Under the Influence (DUI) 0.10% 12 $300-$1000 5 days- 1 year 48 hours- 96 hours

2nd Driving Under the Influence (DUI) 0.10% Revocation 1 year $500- $1500 90 days-1 year 60 hours- 120 hours

DWAI with previous DUI Revocation 1 year $400- $1200 60 days- 1 year 52 hours- 104 hours

DUI with previous DWAI Revocation 1 year $450- $1500 70 days - 1 year 56 hours- 112 hours

All second offenses within five (5) years- The minimum mandatory jail sentence is adjustable when combined with an agreement for an alcohol treatment program.