Even if your blood alcohol content (BAC) is under the legal limit, it is a crime to operate a motor vehicle while under the influence of alcohol and/or drugs in Colorado. Those who drive with a BAC at or above the legal limit of 0.08% can be charged with a DUI or DUI per se. People commit DUI per se by driving with a BAC higher than the legal limit but are operating the vehicle safely and are not impaired. Those that drive with a BAC between 0.05% and 0.079% can be charged with the lesser offense of DWAI.