Understanding Colorado-Specific Laws
In the state of Colorado, the terms DUI (Driving Under the Influence) and DWAI (Driving While Ability Impaired) may sound similar but represent different offenses with varying degrees of severity and consequences. If you find yourself involved in a situation where DUI or DWAI could be a factor, understanding the difference is crucial. This article aims to clarify the two charges, the penalties associated, and the points that can be added to your driving record in Colorado.
1. The Charges
DUI: Driving Under the Influence
In Colorado, a DUI charge usually comes into play when an individual operates a motor vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. A BAC of 0.08% or more is generally considered “presumptive evidence” of driving under the influence. You may also receive a companion charge of DUI per se, also known as D.E.A.C., or driving with excessive alcohol content. This could also be a charge when driving under the influence of drugs. This when a person is “substantially incapable” of operating a motor vehicle safely as a sober person would. The DUI statute states that a person is under the influence of alcohol/drugs (or both) if the intoxicant “…affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
DWAI: Driving While Ability Impaired
DWAI is a lesser charge than DUI but still carries significant consequences. You may be charged with DWAI in Colorado if your BAC is at least 0.05% but less than 0.08%. A DWAI charge suggests that the driver is impaired to the “slightest degree,” meaning that the individual is less able than they ordinarily would be to operate a vehicle safely.
Presumptive Legal Limits for BAC: 0.05 and 0.08
Colorado law recognizes two key BAC thresholds:
- 0.05%: If you are caught with a BAC in excess of a 0.05% but less than 0.08%, you may be charged with a DWAI.
- 0.08%: A BAC of 0.08% or higher is typically grounds for a DUI charge.
These levels serve as “presumptive legal limits,” meaning they provide law enforcement and prosecutors with evidence to support a DUI or DWAI charge. However, drivers can be charged and convicted even with lower BAC levels if their driving abilities are clearly impaired.
2. The Penalties
Penalties for DUI
The penalties for DUI in Colorado can be severe, particularly for repeat offenders. For a first-time DUI conviction, one might expect:
- A jail term of up to one year
- Fines ranging from $600 to $1,000
- License suspension for nine months
- Mandatory public service of up to 96 hours
- Completion of alcohol education and treatment programs
Subsequent DUI convictions result in escalated penalties, including higher fines, longer jail terms, and more extended license suspensions.
Penalties for DWAI
While DWAI is a lesser offense, it still carries stiff penalties:
- A jail term of up to 180 days
- Fines ranging from $200 to $500
- License suspension for up to eight months (if DWAI is charged alongside other offenses)
- Public service of up to 48 hours
Again, subsequent convictions will lead to significantly harsher penalties.
3. The Points
Points are added to your Colorado driving record for various offenses, including DUI and DWAI. These points contribute to potential license suspension and can affect your auto insurance rates.
Points for DUI
A DUI conviction adds 12 points to your driving record, which is the total number of points an adult driver is allowed to accumulate over 12 months before facing license suspension. A DUI conviction is an automatic revocation of your license in Colorado. What happens at the DMV/DOR administrative hearing also plays a big part in how that revocation will play out in terms and lenght of the actual loss of license.
Points for DWAI
A DWAI conviction adds 8 points to your Colorado driving record. For adult drivers, accumulating 12 points within 12 months, or 18 points within 24 months, leads to license suspension.
In summary, both DUI and DWAI are serious offenses in Colorado with significant legal and financial repercussions. The primary differences lie in the BAC levels that trigger these charges, the penalties associated with each, and the points added to your driving record. Knowing these differences can provide a better understanding of what you may be facing and how to navigate the legal landscape should you find yourself in such an unfortunate situation. Talk to a Colorado DUI lawyer in your area for information that is specific to your drunk driving case.