I was pulled over in Colorado with a BAC under the legal limit. Why was I arrested?

There are several reasons why you might have been arrested for a traffic stop in Colorado when your BAC was under the legal limit.  Perhaps you were driving while your ability was impaired (DWAI).

First of all, under Colorado law, if you are stopped and you refuse to take an alcohol related test at a road stop, this can result in an arrest and loss of license.  Colorado implied consent law states that by getting a driver’s license, you consent to take such tests if you are suspected of being under the influence.  You can face a license suspension for 6 months, not because you were drunk, but because you refused the test.

Secondly, if your BAC was .08 then you are “per se” intoxicated meaning that you will face arrest and no other proof of intoxication is necessary.  License suspension will usually be 3 months for the first offense.

Thirdly, Colorado law allows for a second level of DUI where you BAC is between .05 and .08 but you are exhibiting signs of impairment.  Here, you can be arrested and the court will determine if your actions along with the BAC qualify as a DUI.  While the term (DWAI) is no longer part of the law, the definition and consequences still remain.

Lastly, if you are under 21, you could be arrested.  The law has zero tolerance for underage drinking even with a trace of alcohol above 0.0 or with negligible BAC levels of .01 or .02. but not more than .05.  Consequences here can be serious as well.

Keep in mind too that having a previous DUI even in another state could have led to an arrest at the stop as well. If you have been arrested in Colorado for a DUI and are facing charges, you will want to hire an experience DUI attorney to help you maintain your license and minimize the penalties.