DUI or Driving under the Influence (aka DUI, DUI per se, DUID – driving under the influence of drugs, drunk driving, drinking and driving, DWI, DWAI OWAI) is the most likely criminal charge or violation of law individuals will encounter in their lifetimes (except minor traffic violations, i.e. speeding, weaving, running red lights). In 2005, nearly 1.4 million drivers were arrested for driving under the influence of alcohol or drugs (Department of Justice 2005). This equates to more than 1 arrest for every 150 licensed drivers in 2005.

The nation-wide trend regarding drinking and driving is to lower the legal limit of the driver’s blood alcohol content (BAC) or breath alcohol content (BrAC) while increasing the possible penalties / consequences. For example, in Colorado, DUI per se used to require the driver’s BAC to be .15 grams of alcohol per one hundred milliliters of blood or greater, then the law changed requiring the blood alcohol content to be .10 grams of alcohol per one hundred milliliters of blood or greater to the current DUI law of .08 grams of alcohol per one hundred milliliters of blood or greater. Likewise, mandatory jail time is required in many cases in Colorado with 2nd or subsequent convictions of drinking and driving charges or with a BAC over .2 grams of alcohol per one hundred milliliters of blood.

A DUI charge in Colorado triggers two actions, a Department of Motor Vehicles (DMV) license suspension action and a misdemeanor criminal case. The DMV receives the results of the motorists BAC level if that level is .08 or higher (.02 if the driver is a minor).