DUI vs. DWAI in Colorado: What’s the Difference?
In Colorado, driving under the influence (DUI) and driving while ability impaired (DWAI) are two separate charges—both serious, but with distinct legal thresholds and penalties. Understanding the difference between them is critical if you or someone you know has been pulled over for suspected impaired driving.
A DUI is charged when a driver’s blood alcohol content (BAC) is 0.08% or higher. However, if a driver’s ability is noticeably affected at lower levels—even 0.05% to 0.079%—they may face a DWAI charge. Colorado is strict when it comes to impaired driving, and even a first offense can have long-lasting impacts.
Penalties for a first-time DWAI can include:
Up to 180 days in jail
Fines up to $500
8 points on your driving record
Possible community service and alcohol education classes
DUI penalties are more severe and may include:
Up to one year in jail
Fines up to $1,000
Mandatory license suspension
Ignition interlock device installation
Higher insurance rates
A permanent criminal record
Repeat offenses result in increasingly harsh consequences, including longer jail sentences and mandatory alcohol treatment programs. Colorado does not offer expungement for adult DUI/DWAI convictions, which means these offenses can follow you for life.
Impairment can also stem from marijuana, prescription medications, or other drugs—not just alcohol. Even if you have a valid prescription or medical marijuana card, driving under the influence of any substance that affects your ability to operate a vehicle can result in charges.
If you’re facing DUI or DWAI charges in Colorado, it’s essential to work with a knowledgeable criminal defense attorney. A skilled lawyer can examine the details of your arrest, challenge any procedural errors (such as an unlawful stop or faulty breathalyzer), and negotiate for reduced penalties or even a dismissal in some cases.
Don't go through this alone—your future, freedom, and driving privileges are too important. Legal guidance ensures your rights are protected and your case is handled with the attention it deserves.
