Alcohol Offenses

Statutory limits:

DUI - Driving Under the Influence of Alcohol: Colorado has gone to the lower National limit of 0.08 Blood Alcohol Content (BAC).

DWAI - Driving While Ability Impaired by Alcohol: Colorado has a lower limit of DUI which begins at 0.05 BAC.

Underage DUI - For those under 21 years old the limit for DUI is much lower, 0.02 BAC.

Commercial Vehicle/ Hazardous Materials - 0.04 BAC.

DUID - Driving Under the Influence of Drugs: You can be arrested for DUID by driving under the influence of drugs to the slightest degree.

Mandatory Arrest:

In the 7th Judicial District there is a policy requiring mandatory arrest for DUI misdemeanor charges and a resulting minimum of 6 hours incarceration until your blood alcohol content is below 0.03.

License Revocation:

If I cooperate with testing:
Related to any DUI arrest is the issue of driver’s license revocation. In a separate civil action, the Department of Revenue can, and probably will, revoke your driving privileges in Colorado for nine months on the first occasion and on subsequent occasions, for periods exceeding a year.

What happens if I refuse testing?
By refusing to cooperate with required testing your driving privileges are revoked for at least a year. Second and subsequent violations, Commercial licenses and Hazardous Material violations can expect much longer revocations.

Alcoholic Beverages
It shall be unlawful for any person to sell, serve, give away, dispose of, exchange or deliver or permit the sale, serving, giving or procuring of any malt, vinous or spirituous liquor to or for any person under the age of twenty-one years, to a visibly intoxicated person, or to a known habitual drunkard or to otherwise violate any provision of the Colorado Liquor Code.

Public Drinking 
It shall be unlawful for any person to drink or consume any alcoholic beverage on any public street within the Town and to drink or consume any alcoholic beverage from glass or other breakable containers on any public property within the Town.

It shall be unlawful for any person to possess any unsealed alcoholic beverage in any container on any public street, sidewalk or right of way.

The Town Council may, by motion at any regular or special meeting, abate the provisions set forth in this section as to specific location at specific times. Provided, however, that such abatement otherwise meets all requirements of the Colorado Liquor Code. Any such abatement shall he immediately reported by the Town Clerk, in writing, to the Town Marshal.

Underage Consumption or Possession of Ethyl Alcohol
No person under twenty-one years of age shall possess or consume ethyl alcohol. This is a strict liability offense.

Underage Purchase of Ethyl Alcohol 
It shall be unlawful for any person to obtain or attempt to obtain ethyl alcohol by misrepresentation of age or by any other method in a place where ethyl alcohol is sold when such person is under twenty-one years of age.