Driving under the influence (DUI) and driving while ability impaired (DWAI) are two distinct legal charges under Colorado law. While both pertain to impaired driving, each charge carries different legal standards, penalties, and long-term consequences. Understanding the nuances of these charges can help individuals better navigate Colorado’s drinking and driving laws and make informed decisions if faced with legal action.
DWAI vs. DUI in Colorado: What's the Difference?
One of the key distinctions between DUI and DWAI charges lies in the BAC thresholds.
What is the legal blood alcohol level in Colorado?
- DUI: A driving under the influence (DUI) charge applies when a driver’s BAC is 0.08% or higher or if they are substantially impaired by drugs or alcohol, regardless of BAC.
- DWAI: Driving while ability impaired (DWAI) is a less severe charge and applies when a driver’s BAC is 0.05% to 0.079% or if their ability to operate a vehicle is impaired to the slightest degree by substance use.
In both cases, Colorado law recognizes that alcohol and drugs—even when below certain thresholds—can impair safe driving abilities, leading to serious legal consequences.
- DUI: In DUI cases, prosecutors must demonstrate that the individual was significantly impaired, rendering them incapable of safely driving.
- DWAI: A DWAI conviction requires proof that the individual’s driving was affected even minimally by alcohol or drugs.
This difference in impairment standards often makes DWAI easier for the prosecution to prove than a full DUI charge.
Legal Penalties for DUI and DWAI in Colorado
DUI Penalties
First-time Colorado DUI offenders can face:
- Jail Time: 5 days up to one year
- Fines: Ranging from $600 to $1000
- License Points: 12 points added to your driving record
- License Suspension: Automatic suspension of up to 9 months
- Community Service: 48 to 96 hours
Repeat DUI offenders face significantly harsher penalties, including mandatory jail sentences, longer license revocations, and potential felony charges.
DWAI Penalties
DWAI convictions typically result in lighter penalties than DUI; however, these can still disrupt your life and reputation.
- Jail Time: 2 days up to 180 days
- Fines: Ranging from $200 to $500
- License Points: 8 points added to your driving record
- License Suspension: No automatic suspension
- Community Service: 24 to 48 hours
For both DUI and DWAI, penalties increase with repeat offenses, higher BAC levels, and other aggravating factors such as accidents and injuries. You may also be required to use an ignition interlock device (IID) for a set period of time to reinstate your driving privileges.
Understanding Colorado Drinking and Driving Laws
Colorado enforces strict drinking and driving laws to deter impaired driving and protect public safety. The state’s implied consent law mandates that drivers suspected of impairment submit to chemical testing, such as breath or blood tests. Refusal can lead to automatic license revocation and other penalties.
It’s also important to note Colorado’s zero-tolerance policy for drivers under 21. Any BAC level of 0.02% or higher results in legal consequences for individuals under 21 who are pulled over in Colorado.
The Role of a DUI Attorney in Denver, Colorado
If you’re facing DUI or DWAI charges, hiring an experienced DUI attorney in Denver, Colorado, it’s critical to protecting your rights and navigating the complexities of the legal system. A skilled attorney can:
- Evaluate the circumstances of your arrest and challenge evidence, such as improperly conducted BAC tests or unlawful stops.
- Negotiate for reduced charges or penalties, such as seeking a DWAI instead of a DUI conviction.
- Advocate for alternatives like alcohol education programs or probation.
What to Do If You’re Charged with DUI or DWAI
Facing a DUI or DWAI charge in Colorado is stressful, but taking the right steps from the beginning can significantly impact the outcome of your case.
- Remain silent. Avoid discussing details of your arrest without an attorney present.
- Hire an experienced DUI law firm in Denver. Seek legal counsel immediately to protect your rights.
- Follow court orders. Comply with all testing, hearings, and requirements to demonstrate your willingness to resolve the matter promptly and responsibly.
While DUI and DWAI charges differ in severity, both carry significant legal and personal consequences. Understanding the difference between DUI and DWAI in Colorado is essential for protecting your future and making informed decisions throughout the process. If you or a loved one are facing these charges, consult an experienced DUI attorney in Denver, Colorado. You need someone who understands the intricacies of Colorado’s drinking and driving laws.
For personalized guidance and representation, contact our team at MBS Law. We’re here to provide the knowledge and advocacy you need during this challenging time.
