.05% - In Colorado, drivers are presumed to be impaired (yellow area) and are subject to arrest.
.08% - Effective July 1, 2004, drivers are presumed to be under the influence (red area) and are subject to arrest. This is a more serious charge than driving while impaired and the driver’s license is immediately confiscated and revoked for three months.
NOTE: This blood alcohol concentration (BAC) chart is only a guide and not sufficiently accurate to be considered legal evidence. The figures you calculate are averages. Individuals may vary somewhat in their personal alcohol tolerance. Food in the stomach slows the rate of absorption. Medication, health, and psychological conditions are also influencing factors.
BLOOD ALCOHOL CONCENTRATION (BAC) CHART Effective July 1, 2004
When your blood alcohol content (BAC) is 0.08% or higher, you're considered legally impaired in the U.S. While you are certain to be arrested for suspicion of driving under the influence (DUI) when your BAC is at or over 0.08%, you can still be charged if your BAC is at any level above 0.00%.
In Colorado a DWAI (Driving With Ability Impaired) occurs when your blood alcohol content (BAC) is at least 0.05%, but less than 0.08%. For a driver who is under 21 years of age, the BAC limit is 0.02 percent. If you have been arrested for a DWAI in Colorado you do not have to request a hearing at the Motor Vehicle Division of the Department of Revenue.