If you have been charged with DUI or DWAI, you may have questions about the charge and its possible consequences.
The answers often depend on a number of factors including the degree of impairment and the evidence gathered during the stop. If you are facing impaired driving charges, knowing how driving under the influence (DUI) and driving while ability impaired (DWAI) differ can clarify the possible effects on your license and criminal record.
DUI vs DWAI and the level of impairment
The distinction between a DUI and DWAI is how severely alcohol or drugs affected your driving ability. Under Colorado law, DWAI means you were impaired to the slightest degree and less able to drive safely than usual. A BAC above 0.05% but below 0.08% permits an inference of impairment. Although people commonly call this range the Colorado DWAI BAC limit, other evidence can support a charge at a lower level.
Meanwhile, DUI applies when alcohol or drugs leave you substantially incapable of driving safely. A BAC of 0.08% or higher at the time of driving or within two hours afterward can support DUI per se without separate proof of impaired ability. However, test results are not the only admissible evidence because your driving conduct and physical observations could also affect what charges the prosecution decides to pursue.
Even at the lower level of impairment, a first DWAI is not a traffic ticket. It is a criminal misdemeanor, and the conviction will likely remain on your record. First-offense DWAI penalties in Colorado include two to 180 days in jail, a $200 to $500 fine, 24 to 48 hours of community service and eight license points.
Ways to respond to DUI or DWAI allegations
A defense often starts with the reason for the stop, the testing process and other available evidence. Possible strategies include:
- Questioning the traffic stop: Your attorney can examine whether the officer had a lawful basis to stop your vehicle.
- Reviewing chemical testing: Records may reveal calibration issues, improper operation, contamination or delays that affected a blood or breath result.
- Comparing other evidence: Video, witness accounts and medical conditions could conflict with the officer’s description of impairment.
- Discussing a reduced charge: Plea negotiations might lead to a reduced charge or lower consequences..
The best defense usually depends on the evidence, prior offenses, and any separate license proceeding before the Colorado Division of Motor Vehicles.
Why your DUI or DWAI defense may benefit from prompt support
A DUI or DWAI allegation can affect both the criminal case and your driving privileges. Acting early may help preserve video, test records, and other material that could influence the outcome.
Because that evidence can change how the allegations are evaluated, hiring an attorney may be useful. A Boulder DUI defense attorney can review the facts and explain how the criminal case and any separate licensing process may apply to your circumstances.