In Colorado, impaired driving charges are not all the same. Many people in Colorado are familiar with the term DUI, but fewer understand how it differs from a DWAI. Both charges involve operating a vehicle after consuming alcohol or drugs, but they carry different legal standards, penalties, and long-term consequences.
We regularly help clients across Colorado understand these distinctions and how they impact a case. Knowing the difference between a DUI and a DWAI in Colorado can help you better understand your situation and what to expect moving forward.
A DUI, or Driving Under the Influence, is the more serious of the two charges in Colorado. A driver in Colorado can be charged with a DUI if they are substantially impaired and unable to safely operate a vehicle.
In most Colorado cases, a DUI is associated with a blood alcohol concentration of 0.08 percent or higher. However, a driver in Colorado can still be charged with a DUI even without a specific BAC result if there is sufficient evidence of impairment.
DUI charges in Colorado may involve:
Because DUI charges indicate a higher level of impairment in Colorado, they typically carry more severe consequences.
A DWAI, or Driving While Ability Impaired, is a lesser offense than a DUI but still a serious charge in Colorado. A driver can be charged with a DWAI if their ability to operate a vehicle is impaired to the slightest degree.
In Colorado, a DWAI is often associated with a BAC between 0.05 percent and 0.079 percent. This lower threshold means that drivers in Colorado can face charges even if they are below the legal limit for a DUI.
DWAI charges in Colorado may be based on:
Even though a DWAI is considered less severe than a DUI in Colorado, it can still have lasting legal and financial consequences.
Understanding how DUI and DWAI charges differ in Colorado is essential for evaluating your case. While both involve impaired driving, the level of impairment and penalties are not the same.
One of the main differences in Colorado is the BAC threshold:
This means a driver in Colorado can be charged with a DWAI even if they are below the DUI limit.
Colorado law distinguishes between the degrees of impairment:
This difference can affect how the case is argued and how evidence is presented in Colorado courts.
Penalties for DUI and DWAI in Colorado vary, but DUI charges generally carry harsher consequences.
For a first offense in Colorado:
DUI penalties may include:
DWAI penalties may include:
While DWAI penalties are less severe, they are still significant and can impact your record in Colorado.
License penalties in Colorado also differ:
Accumulating points from a DWAI in Colorado can still lead to suspension if thresholds are reached.
Both DUI and DWAI convictions in Colorado can remain on your record and affect your future. However, a DUI is generally viewed as more serious by employers, insurers, and courts.
In Colorado, either charge can lead to:
While there are important differences, DUI and DWAI charges in Colorado also share several similarities.
Both charges:
In Colorado, both DUI and DWAI should be taken seriously. Even a DWAI can have long-term consequences if not properly addressed.
A DUI is generally considered more serious than a DWAI in Colorado due to the higher level of impairment and stricter penalties. However, this does not mean a DWAI should be taken lightly.
In many Colorado cases, a DWAI may be charged instead of a DUI when BAC levels are lower or evidence of impairment is less severe. In some situations, charges may be negotiated or reduced depending on the facts of the case.
Every case in Colorado is different, and the outcome depends on the specific circumstances, evidence, and legal strategy.
If you are dealing with a DUI or DWAI charge in Colorado, our attorneys are here to help. Call us today or connect with us online to schedule a consultation at the Law Office of James Colgan.
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