What is the difference between a DUI vs. DWAI in Colorado?
We all know what a DUI (Driving Under the Influence) is, but Colorado drivers can also face charges of DWAI (Driving While Ability Impaired) if law enforcement suspects them of “driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs,[…] that affects the person to the slightest degree.” Keep reading to learn the basic differences between DUI vs. DWAI in Colorado.
What is the legal limit for DUI in Colorado? The answer may surprise you.
Most people assume that the legal BAC limit for driving in Colorado is .08%, but the reality is a bit more complicated. If your BAC tests above .08%, you will receive an immediate DUI charge. However, you can also face DUI charges with a BAC under .08%. An officer can charge you with DWAI if your BAC is between .05% and .08%, but only if the officer believes you were impaired” to the slightest degree.” Even with a BAC in this range, if the officer believes you were “substantially incapable […] in the safe operation of a vehicle,” you can still be charged with DUI.
Furthermore, DUI or DWAI charges can be levied without a specific BAC level. Refusing a test while suspected of impairment can result in either charge, at the discretion of law enforcement and the district attorney.
Who decides if I get charged with DUI or DWAI?
In short, the district attorney decides based on the arresting officer’s recommendation. BAC is just one factor; others include driving behavior, physical signs of impairment, and performance on field sobriety tests. Blood tests may reveal additional factors such as drug presence or extremely high BAC, impacting the charge decision, though results may take months.
What are the penalties for DUI vs. DWAI?
The penalties for a DUI and DWAI are surprisingly similar. It would seem reasonable that a DWAI would carry less severe consequences than a DUI. But in many jurisdictions, they are about the same. The possible consequences of a guilty plea, (or conviction) of a DUI or DWAI include hefty fines and suspension or restrictions on your driver’s license for a probationary period. You would be required to complete mandatory alcohol education classes, a MADD Victim Impact Panel, an alcohol evaluation, and counseling. The court may also require you install an interlock device in any vehicle you operate during your probation.
It’s worth noting, DWAI does carry a significantly lower burden of proof for the prosecution. So in some ways it’s easier to defend against a DUI. Additionally, many counties will not offer a deferred judgement even on a DWAI. That is important because it will not come off your record once you complete your probation and post-sentencing requirements. Worst still, a DWAI counts against you as a DUI if you are charged with another DUI in Colorado. Both a DUI and DWAI convictions in Colorado remain on your record forever.
DUI & DWAI laws in Colorado are confusing.
Navigating DUI and DWAI charges in Colorado can be confusing. We know the laws and have strong relationships with DAs statewide. Don’t risk your future with just any attorney. If you’re facing DUI or DWAI charges, Andrew Brown and Pav Law are your best defense.
Schedule a free consultation now, or call (719) 888-7888 to talk to a lawyer, today!
