The state of Colorado has Colorado DUI laws in place that make it illegal for any individual to operate a motor vehicle while being impaired by being under the influence of alcohol. There are two different offenses put in place in Colorado to prevent people from breaking these laws and driving under the influence of any substance that impairs the ability to drive. These offenses are most commonly referred to as DUI, or Driving Under the Influence, and DWAI, which stands for Driving While Ability Impaired.
DUI vs. DWAI
The difference between a driver receiving a DUI and a DWAI is usually defined by a matter of 0.03%.
- While a DUI is defined by the nationwide “legal limit” of 0.08% blood alcohol content, a DWAI considers a driver to be impaired when he has a blood alcohol content (or BAC) between 0.05 and 0.08 percent. This allows law enforcement to follow more strict guidelines when enforcing drunk driving laws by permitting them to issue fines and even arrests at lower blood alcohol contents, thus making roadways safer by persuading drivers to drink less when they realize they’ll be driving.
- While DWAI is considered the lesser crime of the two, this crime is still punishable by criminal sanctions and is often looked upon as just as serious an offense as a DUI.
- The difference is a DWAI is more arguable in court because the individual may be able to argue that they were not impaired at that level. It is then up to the law enforcement officer to prove that he had reasonable cause to issue the DWAI citation and perform the arrest of the individual.
DUI and DWAI Penalties in Colorado
Like most other states Colorado DUI laws are enforced with both criminal and administrative punishments. This means that, along with up to 1 year in jail and a 10,000 dollar fine, the court may order that the individual lose the privilege of possessing a driver license for anywhere from 6 months to life depending on the BAC test result provided by the arresting officer.
DWAI offenses can be punishable by almost the same exact consequences, however in most cases this convicted individual is punished with 1 to 2 years probation, up to 100 hours of community service, and the requirement of successful completion of an alcohol assessment program.
Getting Help
DUI or DWAI cases are considered criminal charges, and as such they offer the right to representation in court by a criminal lawyer. Anyone charged with either of these crimes should seriously consider obtaining legal counsel prior to entering legal proceedings.
