DUI vs. DWAI
Understanding the Difference Between DUI and DWAI in Colorado
When it comes to impaired driving offenses in Colorado, two primary charges often arise: Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI). While they may seem similar, these charges carry distinct legal definitions, penalties, and implications. Knowing the difference is crucial for anyone facing such charges or wanting to stay informed. If you find yourself in legal trouble, a Denver DUI lawyer can provide expert guidance to protect your rights and navigate the complexities of the law.
Legal Definitions of DUI and DWAI
Driving Under the Influence (DUI) occurs when a person operates a motor vehicle while their ability to drive is substantially impaired by alcohol, drugs, or a combination of both. In Colorado, a Blood Alcohol Concentration (BAC) of 0.08% or higher typically constitutes a DUI.
Driving While Ability Impaired (DWAI) is a less severe offense but still serious. It applies when a driver’s ability to operate a vehicle is impaired to the slightest degree by alcohol, drugs, or both. A BAC of 0.05% to 0.079% usually qualifies as a DWAI.
While both charges address impaired driving, they differ in severity, penalties, and legal consequences. Consulting a Denver DUI lawyer can help you understand which charge applies to your situation and what steps to take next.
Key Differences Between DUI and DWAI
Level of Impairment:
DUI: Significant impairment to the extent that safe driving is not possible.
DWAI: Minimal impairment, but still enough to affect safe vehicle operation.
Blood Alcohol Concentration (BAC):
DUI: BAC of 0.08% or higher.
DWAI: BAC between 0.05% and 0.079%.
Penalties: The penalties for DUI are generally more severe than those for DWAI, though both can result in fines, license suspension, and potential jail time.
Penalties for DUI in Colorado
For a first-offense DUI, the penalties include:
Jail time: 5 days to 1 year (may be suspended with compliance)
Fines: $600 to $1,000
Community service: 48 to 96 hours
License suspension: Up to 9 months
Mandatory alcohol education or treatment
Subsequent DUI offenses lead to increased penalties, including longer jail sentences, higher fines, and extended license suspensions. A Denver DUI lawyer can work to minimize these consequences and protect your future.
Penalties for DWAI in Colorado
For a first-offense DWAI, the penalties are less severe but still impactful:
Jail time: 2 to 180 days
Fines: $200 to $500
Community service: 24 to 48 hours
8 points added to your driving record
While DWAI penalties are lighter than those for DUI, a conviction can still result in long-term consequences, such as increased insurance premiums and a tarnished record. If you’re facing a DWAI charge, a Denver DUI lawyer can help you explore your options.
Aggravating Factors for DUI and DWAI
Certain circumstances can elevate the severity of DUI or DWAI charges. These include:
High BAC Level:
A BAC of 0.15% or higher classifies the offender as a Persistent Drunk Driver (PDD).
Repeat Offenses:
Multiple DUI or DWAI convictions lead to harsher penalties and potential felony charges.
Accidents Involving Injury or Death:
Impaired driving incidents causing harm to others can result in felony charges.
Driving with Minors:
Having a minor in the vehicle during a DUI or DWAI offense adds aggravating circumstances.
In such cases, the assistance of a Denver DUI lawyer becomes even more critical to mitigate potential penalties.
Administrative Consequences
In addition to criminal penalties, DUI and DWAI charges trigger administrative actions from the Colorado Department of Revenue. These actions include license suspension and requirements for reinstatement, such as installing an ignition interlock device.
For DUI charges:
First offense: License suspension for 9 months
Second offense: License suspension for 1 year
Third offense: License suspension for 2 years
For DWAI charges:
Points added to driving record (8 points for a first offense)
Possible suspension if cumulative points exceed the limit for your age group
Timely action is necessary to request a hearing or challenge a suspension. A Denver DUI lawyer can represent you in these administrative proceedings and fight to retain your driving privileges.
DUI vs. DWAI: Long-Term Consequences
Both DUI and DWAI convictions can have lasting effects on your life, including:
Employment Challenges: Certain professions may disqualify individuals with DUI or DWAI records.
Insurance Rates: A conviction can lead to significantly higher auto insurance premiums.
Professional Licenses: Some licenses may be revoked or suspended due to impaired driving convictions.
Public Record: A DUI or DWAI stays on your criminal record, potentially affecting future opportunities.
While the immediate penalties for DWAI are less severe than those for DUI, the long-term consequences can be just as impactful. Partnering with a Denver DUI lawyer ensures you’re taking the best steps to protect your future.
Defenses for DUI and DWAI Charges
Facing a DUI or DWAI charge doesn’t mean a conviction is inevitable. There are several defenses a Denver DUI lawyer might use, including:
Challenging the Traffic Stop: Arguing that law enforcement lacked probable cause to stop your vehicle.
Questioning BAC Test Accuracy: Highlighting potential issues with the breathalyzer or blood test equipment.
Procedural Errors: Identifying mistakes in the administration of chemical tests or the handling of evidence.
Medical Conditions: Demonstrating how medical issues could have influenced BAC readings or physical performance during sobriety tests.
Each case is unique, and an experienced attorney can tailor a defense strategy to the specifics of your situation.
How a Denver DUI Lawyer Can Help
Navigating the legal and administrative challenges of a DUI or DWAI charge is no small task. A Denver DUI lawyer can:
Analyze your case and identify potential defenses
Represent you in court and administrative hearings
Negotiate plea deals or reduced charges
Advocate for alternative sentencing options, such as diversion programs
Provide guidance on completing court-ordered requirements
Their expertise can make a significant difference in the outcome of your case and help you move forward with confidence.
Conclusion
Understanding the differences between DUI and DWAI in Colorado is essential for anyone facing impaired driving charges. While DUI involves higher levels of impairment and more severe penalties, DWAI charges can also have lasting consequences. In both cases, the stakes are high, and having the right legal representation is critical.
A Denver DUI lawyer offers the knowledge, experience, and support needed to navigate these complex situations. Whether you’re seeking to minimize penalties, retain your license, or fight the charges altogether, their guidance can be invaluable.
If you’ve been charged with DUI or DWAI, don’t wait. Contact a trusted Denver DUI lawyer today to discuss your case and take the first step toward protecting your future.
