DUI vs. DWAI in Colorado: Understanding the Legal Differences
Driving under the influence of alcohol or drugs is a serious offense in Colorado that can have lasting consequences on your life, finances, and freedom. While many people use the terms DUI and DWAI interchangeably, Colorado law distinguishes between these two charges, each carrying different legal definitions, penalties, and implications. Understanding the nuances between DUI (Driving Under the Influence) and DWAI (Driving While Ability Impaired) is essential if you are facing charges or want to stay informed as a responsible driver.
What is a DUI in Colorado?
A DUI charge applies when a driver’s blood alcohol concentration (BAC) is 0.08% or higher, or when the driver is impaired by drugs or alcohol to the extent that they cannot safely operate a vehicle. This is considered a more serious offense because it indicates a higher level of intoxication or impairment.
What is DWAI in Colorado?
DWAI refers to a situation where a driver’s ability to operate a vehicle is impaired by alcohol or drugs, but the BAC is below 0.08%, typically between 0.05% and 0.079%. It also applies if impairment is due to drugs or a combination of substances, even if the BAC is lower. DWAI is generally considered a less severe charge than DUI but still carries serious consequences.
Penalties for DUI and DWAI
While both offenses can result in fines, license suspension, mandatory education programs, and even jail time, the severity varies:
DUI Penalties: These often include higher fines, longer license suspensions (up to one year or more), mandatory alcohol education or treatment programs, and potential jail time, especially for repeat offenders.
DWAI Penalties: Typically, DWAI penalties are less severe, with shorter license suspensions (usually up to 90 days), lower fines, and mandatory education programs. Jail time is less common but can occur in certain cases.
Additional Considerations
Both DUI and DWAI charges can lead to increased insurance rates, criminal records, and challenges in employment or professional licensing. Moreover, if a DUI or DWAI results in an accident causing injury or death, the charges and penalties escalate significantly.
Colorado also has specific laws addressing underage drinking and driving, as well as driving under the influence of marijuana or other drugs, which can complicate cases.
Why You Need Experienced Legal Support
If you are facing DUI or DWAI charges in Colorado Springs or elsewhere in the state, having knowledgeable legal representation is critical. An experienced attorney can evaluate the facts, identify defenses, negotiate plea agreements, and help protect your rights throughout the process.
At Kanthaka Group, we provide compassionate and strategic defense for clients charged with DUI and DWAI. Our team understands Colorado’s laws and works tirelessly to achieve the best possible outcomes.
