What’s the Difference Between Colorado DUI and DWAI?

Drunk Driving In Denver, CO

Have you recently been accused of DUI or DWAI in Colorado.  It’s important to understand the distinctions and the varying consequences.  A Colorado DWAI and DUI arrest will result in two different cases in addition to a DMV action associated with possibly suspension of your license, a court case, and maybe different consequences associated with the outcome of that case.

You can be charged with DWAI, driving while ability impaired, DUI, driving under the influence of alcohol or drugs, or both.  A DWAI in the state of Colorado is considered a lesser offense and you will likely be charged with this if your blood alcohol content was 0.05% or higher.

Impaired means that you have consumed intoxicants such as drugs or alcohol that could impact you to a degree in which you are substantially incapable physically or mentally of having adequate physical control or clear judgment.  If your blood alcohol content is 0.08% or higher, you could be charged with DUI, regardless of the driving pattern directly.  DUI charges in the state of Colorado are based only on bodily chemistry.  DUI penalties in Colorado can include up to a one-year license suspension, up to a year in jail, and up to $1,000 in fines for your first conviction.

The consequences are more serious for a second or subsequent conviction.  A second conviction can lead to a license suspension and possible jail time as long as a year and fines of up to $1,500.  You need to retain an experienced criminal defense attorney in Colorado if you have already been accused of DUI or DWAI.