(1) A county, municipality, or other political subdivision may not adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a person with an alcohol use disorder, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction.
A county, municipality, or other political subdivision shall not interpret or apply anylaw of general application to circumvent the provisions of subsection (1) of this section.
Nothing in this article 81 affects any law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol or drugs, or other similar offense involving the operation of a vehicle, an aircraft, or a boat or machinery or other equipment or regarding the sale, purchase, dispensing, possessing, or use of drugs or alcoholic beverages at stated times and places or by a particular class of persons.
The fact that a person is intoxicated by alcohol, under the influence of drugs, orincapacitated by substances does not prevent the person's arrest or prosecution for the commission of any criminal act or conduct not enumerated in subsection (1) of this section.
Nothing in this article 81 limits the right of a police officer to make an otherwiselegal arrest, notwithstanding the fact that the arrested person may be intoxicated by alcohol, under the influence of drugs, or incapacitated by substances.
Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 744, § 2, effective April 29. L. 2017: (1) amended, (SB 17-242), ch. 263, p. 1370, § 282, effective May 25. L. 2020: Entire section amended, (SB 20-007), ch. 286, p. 1407, § 25, effective July 13.
Editor's note: This section is similar to former § 25-1-316 as it existed prior to 2010.
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.