DUI vs. DWAI in Colorado: Key Differences in 2024

Driving under the influence (DUI) and driving while ability impaired (DWAI) are two distinct offenses in Colorado that involve operating a vehicle while impaired by alcohol or drugs. Understanding the key differences between these charges is crucial for anyone navigating the legal landscape in the state. Here’s a breakdown of DUI and DWAI laws in Colorado as of 2024, including their implications, penalties, and how they are enforced.

Definition of DUI and DWAI

DUI (Driving Under the Influence)

In Colorado, a DUI charge applies when a driver’s blood alcohol concentration (BAC) is 0.08% or higher. This offense can also include impairment due to drugs, including marijuana, prescription medications, or other controlled substances.

DWAI (Driving While Ability Impaired)

DWAI is a lesser charge than DUI and applies when a driver’s ability to operate a vehicle is impaired but not to the extent that they are considered legally intoxicated. In Colorado, this typically means a BAC of between 0.05% and 0.08% or impairment from drugs that affects the driver’s physical or mental capabilities.

Key Differences Between DUI and DWAI

1. Severity of Charges

• DUI is considered a more serious offense and can lead to harsher penalties. It is categorized as a misdemeanor, but it can be elevated to a felony under certain circumstances, such as repeat offenses or if there is a serious injury or fatality involved.
• DWAI, on the other hand, is also classified as a misdemeanor but carries less severe penalties compared to a DUI charge.

2. Penalties

The penalties for DUI and DWAI can vary significantly:

• DUI Penalties:
  • First offense: 5 days to 1 year in jail, a fine of $600 to $1,000, and a 9-month driver’s license suspension.
  • Second offense: 10 days to 1 year in jail, a fine of $600 to $1,500, and a 1-year driver’s license suspension.
  • Third offense: 60 days to 1 year in jail, a fine of $600 to $1,500, and a 2-year driver’s license suspension.
• DWAI Penalties:
  • First offense: 2 days to 180 days in jail, a fine of $200 to $500, and a 6-month driver’s license suspension.
  • Second offense: 10 days to 1 year in jail, a fine of $600 to $1,500, and a 1-year driver’s license suspension.
  • Third offense: 60 days to 1 year in jail, a fine of $600 to $1,500, and a 2-year driver’s license suspension.

3. Impact on Driving Privileges

Both offenses will impact driving privileges, but the consequences are more severe for DUI offenses. For instance, individuals convicted of DUI may face longer license suspensions and mandatory alcohol education programs.

4. Legal Defense Options

Both DUI and DWAI charges can be defended through various legal strategies, including challenging the validity of the traffic stop, questioning the accuracy of breathalyzer tests, and presenting evidence of impairment.

Conclusion

Understanding the differences between DUI and DWAI in Colorado is essential for anyone facing these charges. The implications can be serious and may affect various aspects of your life, including your driving privileges, finances, and personal freedom.

If you find yourself facing a DUI or DWAI charge in Colorado, Thomas & Ahnell, LLC can provide the expert legal support you need. Our experienced attorneys are dedicated to protecting your rights and guiding you through the complexities of your case. With a thorough understanding of Colorado’s DUI and DWAI laws, we can work to build a strong defense tailored to your situation. Contact us today to schedule a consultation and explore your options for defense.