The Tenth Circuit Court of Appeals, which covers Colorado and several other western states, has ruled against a woman who was sober when she was arrested for DUI in Utah. She contended that, without a breathalyzer or blood-alcohol test showing she was under the influence, the state had insufficient evidence to charge her with DUI. Nevertheless, she was forced to defend herself from DUI charges for two-and-a-half months even though her blood-alcohol test would ultimately show a 0.01.
In Colorado, the legal driving limit for Driving Under the Influence is 0.08. This means that if your blood alcohol content is .08 percent or higher -- and you are pulled over by police -- you will most likely end up being arrested and ticketed for driving under the influence. If you are stopped and have a blood alcohol content of 0.05 to 0.079, you will likely be charged with Driving While Ability Impaired. However, if you are under the age of 21, even a much lower blood alcohol content will result in a criminal charge.