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Colorado impaired-driving law · statutory facts · Statutory and agency facts

DUI and DWAI in Colorado

Colorado defines DUI, DUI per se, and DWAI through different statutory standards. A reported BAC number and the legal classification are related but distinct subjects.

By Ike Lucero, Jr., Attorney at Law Sources checked August 22, 2026 Attorney reviewed August 22, 2026
Information, not instructions. This page states general standards and scheduled points. It does not determine impairment, admissibility, a charge, or a result.

Different statutory standards

Colorado law uses different impairment standards for DUI and DWAI and recognizes DUI per se as a separate alcohol-BAC theory.

Lawful entitlement to use a prescription or other drug does not by itself resolve a DUI or DWAI allegation.

BAC inferences and scheduled points

The statute describes evidentiary inferences associated with alcohol concentration, but a number alone does not resolve every legal or factual issue.

Colorado’s currently published point schedule lists DUI or DUI per se at twelve points and DWAI at eight points.

Court and DMV are separate processes

A criminal court case and a possible DMV administrative matter can proceed on separate tracks. A result in one does not automatically determine the other.

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Ike Lucero, Jr. represents Colorado drivers in DUI, traffic, license, DMV, and CDL matters. The Law Office does not accept every matter.

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Common questions

Frequently asked questions

Are DUI and DWAI the same offense in Colorado?

No. Colorado uses different statutory impairment standards for DUI and DWAI. DUI per se is another distinct alcohol-BAC theory.

Does an alcohol concentration below 0.08 prevent every DUI allegation?

No. Other competent evidence and legal theories may be considered, and alcohol concentration does not determine a drug allegation.

How many points are scheduled for DUI and DWAI?

Colorado’s currently published schedule lists DUI or DUI per se at twelve points and DWAI at eight points.

Can prescription medication be involved in a DUI or DWAI allegation?

Yes. Colorado law includes drugs, and lawful entitlement to use a drug does not by itself resolve the allegation.

Do the court and DMV use the same process?

No. A criminal court case and a possible DMV administrative matter can proceed separately.

Related site pages

Related pages

DUI Defense Open page → First DUI in Colorado Open page → Chemical-Test Refusal Open page → License & DMV Open page → Out-of-State Drivers and Colorado DUI Open page → Drug and Marijuana DUI Open page → Repeat DUI in Colorado Open page →

Official Colorado and federal sources

These official government sources support the factual copy above. Source availability, laws, and agency information can change.

Sources checked August 22, 2026. Attorney reviewed August 22, 2026.

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