If you’ve been charged with either driving under the influence (DUI) or driving while ability impaired (DWAI), understanding the key differences between the two is crucial. These charges carry significant legal and personal consequences, and knowing how they differ can help you make informed decisions about your case. Whether this is your first offense or you’re navigating repeat charges, it’s essential to know your rights and options. With the Law Office of Richard B. Huttner, we will provide the legal guidance you need to face these charges. Your future is on the line.
What Is a DUI in Colorado?
Driving under the influence, commonly referred to as DUI, occurs when your ability to safely operate a vehicle is substantially impaired due to alcohol, drugs, or a combination of both.
The law sets specific blood alcohol content (BAC) limits depending on the driver:
- 0.08% or higher BAC for most drivers.
- 0.04% or higher BAC for commercial drivers.
- 0.02% or higher BAC for drivers under 21, due to Colorado's zero-tolerance policy for underage drinking.
Potential Penalties for DUI Charges
A DUI conviction in Colorado carries severe consequences that vary depending on whether it’s your first, second, or subsequent offense. Penalties may include hefty fines, imprisonment, community service, alcohol education programs, and mandatory installation of an ignition interlock device (IID).
- Fines up to $1,000.
- Jail time of up to one year.
- License suspension for up to nine months.
- Mandatory Ignition Interlock Device (IID) installation.
- Alcohol education or treatment programs.
Penalties for second and third-time DUIs in Colorado become significantly harsher, reflecting the state’s strict stance on repeat offenses. Aggravating factors, such as causing an accident, having a child in the car, or a very high BAC, can further escalate fines, jail time, and other penalties.
What Is a DWAI in Colorado?
A DWAI charge is less severe than a DUI but still taken seriously in Colorado. Driving while ability impaired means that even though your BAC is lower than 0.08% (typically between 0.05% and 0.08%), alcohol or drugs have impaired your ability to drive safely. Essentially, if your abilities are noticeably diminished, even slightly, you could face a DWAI charge.
Penalties and Consequences of DWAI
While the penalties for DWAI are not as severe as those for DUI, they still come with substantial repercussions. For a first offense, you could face fines up to $500, up to 180 days in jail, community service, and eight points on your driver’s license. While DWAI does not usually lead to a license suspension for a first offense, repeat charges can result in far stricter penalties, including suspension of driving privileges and the potential for misdemeanor or felony charges.
Key Differences Between DUI and DWAI
Blood Alcohol Content Limits
The most apparent distinction between a DUI and DWAI charge lies in the BAC thresholds. DUI charges are typically issued for drivers with a BAC of 0.08% or higher, while DWAI charges apply when BAC falls between 0.05% and 0.08%.
Severity of Penalties
DUI convictions come with more severe penalties than DWAI. Longer jail sentences, steeper fines, extended license suspensions, and more significant long-term consequences are standard for DUI offenses. While DWAI penalties are lighter, they can escalate for repeat offenses or cases involving aggravating factors, such as accidents or injuries.
Long-Term Record and Insurance Impacts
Both charges can have long-lasting impacts on your record and insurance rates. However, DUI convictions are typically more damaging, leading to longer-lasting repercussions on employment opportunities, professional licensing, and reputation. Both DUI and DWAI will also result in increased insurance premiums, but the financial impact is generally greater for DUI convictions.
How DUI and DWAI Charges Can Affect Your Life
The effects of DUI and DWAI charges extend far beyond the legal penalties alone. A charge or conviction can disrupt nearly every facet of your daily life, including your driving privileges, finances, and personal relationships.
Driving privileges and reinstatement process:
- License Suspension or Revocation: A DUI can result in immediate suspension of your driver’s license, often for months or even years. While DWAI does not typically carry an automatic suspension for a first offense, repeat violations can result in significant driving restrictions.
- Reinstatement Requirements: Restoring your license may require completing alcohol education programs, paying reinstatement fees, and maintaining an IID for a designated period.
- Occupational Licenses: For both DUI and DWAI, you might qualify for a restricted license allowing you to drive to work or school during the suspension.
Employment, Financial, and Personal Consequences
Beyond the courtroom, these charges can have wide-reaching effects. You may face difficulties securing or maintaining employment, particularly in professions requiring a clean driving record. The financial burden of fines, court costs, and increased insurance premiums can also take a toll. On a personal level, relationships with family and friends may be strained as you deal with the stress and stigma of a DUI or DWAI charge.
Defending Against a DUI or DWAI Charge in Colorado
If you’ve been charged with DUI or DWAI, an experienced attorney can review your case for procedural errors, improper testing, or insufficient evidence. Breathalyzer and field sobriety tests are not infallible, and challenging their accuracy can be a critical component of your defense.
Hiring an experienced criminal defense lawyer can make all the difference in your case. A skilled attorney can negotiate with prosecutors, advocate for reduced charges, or even work toward a case dismissal under the right circumstances. By acting quickly and seeking legal representation, you give yourself the best chance of minimizing the impact of the charges on your life.
Talk to a Denver Criminal Defense Lawyer Today
Whether you’re facing a DUI or DWAI charge in Colorado, the legal and personal stakes are high. These charges can affect not only your driving privileges but also your financial wellbeing, career, and relationships. Contacting a skilled criminal defense lawyer is a critical step in protecting your rights and securing the best possible outcome.
Richard B. Huttner’s legal team is here to provide legal guidance, defend your case, and help you move forward with confidence. Don’t wait to get the legal help you need. Contact the Law Office of Richard B. Huttner for a free consultation and take the first step toward a better future.
