DWAI vs DUI in Colorado: Key Differences & Definitions

Understanding DWAI & DUI

In Colorado, the law for impaired driving is defined by two primary charges: DUI (Driving Under the Influence) and DWAI (Driving While Ability Impaired). While both charges deal with operating a vehicle under the influence, they differ in their legal thresholds and penalties.

DWAI: Definition and Penalties

• Threshold: DWAI is charged for BAC levels between 0.05% and under 0.08%.
• Assessment: DWAI focuses on any impairment that affects the driver’s ability to operate a vehicle safely, even to the slightest degree.
• Penalties: Penalties for a first-time DWAI include up to 180 days in jail and a $500 fine. Like DUI, penalties increase with repeat offenses. While DWAI charges are typically misdemeanors, they can escalate to felonies if the driver has at least three prior drunk driving convictions

DWAI occupies a specific niche within Colorado’s driving laws. The Blood Alcohol Content (BAC) threshold between 0.05% and under 0.08% indicates a level of impairment that affects a driver’s ability to operate a vehicle safely, though it falls below the threshold for a DUI charge. The assessment of DWAI centers on the slightest degree of impairment, considering any reduction in a driver’s mental or physical capabilities that could influence driving safety.

DUI: Definition and Penalties

• Threshold: DUI is charged when a driver’s Blood Alcohol Content (BAC) is 0.08% or higher.
• Scope: DUI encompasses impairment from both alcohol and drugs (including marijuana), often referred to as a “DUID.”
• Penalties: A first-time DUI offense can lead to up to one year in jail, a $1,000 fine, and a one-year driver’s license revocation. Penalties escalate with subsequent offenses.
• Persistent Drunk Driver (PDD) Designation: A BAC of 0.15% or higher, or refusal to take a test, leads to this designation, attracting harsher penalties.

The DUI threshold of a BAC that is 0.08% or higher, which aligns with the national standard for severe impairment, extends beyond alcohol to include drug impairment (DUID), encompassing any substance that significantly reduces a driver’s ability to control their vehicle safely. The criteria for DUI focus on substantial incapacity, relying on chemical tests, observed behavior, and field sobriety tests to establish impairment.

The Impact of DUI and DWAI on Drivers

The consequences for both DUI and DWAI in Colorado are designed to reflect the seriousness of driving under the influence. DWAI penalties, while severe, are generally less harsh than those for DUI, acknowledging the difference in impairment levels. DUI convictions, especially those involving high BAC levels or refusal to undergo testing, can lead to the Persistent Drunk Driver (PDD) designation, escalating the penalties further.

Penalties and Consequences Compared

Drivers should understand the penalties for DUI and DWAI in Colorado, as these charges come with distinct sets of fines, jail time, and impacts on driving privileges, each carrying its own long-term impact. This section breaks down these penalties, offering a side-by-side comparison for DUI and DWAI offenses. It is important for Colorado drivers to grasp the real-world implications of these charges and the importance of adhering to Colorado state driving laws.

First-Time Offenses

One critical difference between DUI and DWAI charges in Colorado is the impact on driving privileges for first-time offenders. Unlike DUI, where a first offense can lead to an automatic driver’s license suspension, a first-time DWAI conviction does not automatically suspend your license.

Repeat Offenses

Transition to Felony Charges

Marijuana and Driving in Colorado

In Colorado, marijuana’s legalization impacts DUI and DWAI enforcement, making it illegal to drive impaired by marijuana, despite recreational use being legal. This introduces specific challenges in identifying and prosecuting marijuana-related driving offenses.

THC Impairment Standards

Unlike alcohol, where a clear legal limit is established at a BAC of 0.08%, marijuana impairment is assessed differently:

• THC Limit: Colorado law sets an inference of impairment at 5 nanograms of delta-9 THC per milliliter of blood.
• Impairment Assessment: This standard does not serve as a strict “legal limit” but as a guideline for determining impairment. Drivers can be charged with DUI or DWAI if evidence suggests impairment, even if THC levels are below 5 nanograms.

Defending Against DUI and DWAI Charges

Navigating DUI and DWAI charges in Colorado requires a strategic legal defense, especially considering the distinctions between these two offenses. Here are common defense strategies and the critical role of legal representation:

Common Defense Strategies

• Accuracy of BAC Testing: Challenges to the accuracy of breathalyzer or blood tests can be a defense for both DUI and DWAI charges, especially given the specific BAC thresholds that define these offenses.
• Questioning Officer Observations: Defense may question the validity of the officer’s observations of impairment, which is particularly relevant for DWAI charges where the degree of impairment is a key factor.
• Procedural Errors: Highlighting errors in the arrest or testing procedure can be a defense strategy, affecting the admissibility of evidence in both DUI and DWAI cases.
• Lack of Impairment: Arguing that the driver was not impaired at the level suggested by the charges. This defense is particularly pertinent to DWAI cases, where the degree of impairment must affect the driver’s ability to operate a vehicle safely to the slightest degree.
• No Probable Cause: Asserting that the police had no probable cause to initiate the traffic stop or arrest. This defense challenges the legality of the police action and can lead to the suppression of evidence or dismissal of charges.

Importance of Legal Representation

• An experienced attorney can navigate the complexities of DUI and DWAI laws, leveraging the differences to the client’s advantage.
• Legal experts play a crucial role in challenging the evidence presented, from the reliability of BAC tests to the interpretation of impairment signs.
• Given the variances between DUI and DWAI charges, a defense attorney can tailor strategies to the specifics of the charge, enhancing the chances of a favorable outcome.

Dealing with DUI, DWAI, or DUID charges in Colorado has significant and lasting repercussions. Each conviction becomes a permanent part of your legal history, influencing future circumstances. If you are facing a DWAI or DUI/DUID charge, The DUI Attorneys at the Moorhead Law Group can provide expert legal counsel and help work towards a favorable outcome minimizing the impact on your future.