If you have been charged with DWAI in Colorado and have no prior alcohol- or drug-related driving offenses on your record, this page explains the potential penalties you may face. Understanding the law and consequences is the first step to protecting your rights.
|
PENALTY |
MINIMUM |
MAXIMUM |
|
Jail |
2 days jail |
180 days jail |
|
Fine |
$200 |
$500 |
|
Community Service |
24 hours |
48 hours |
|
Probation |
0 years |
2 years |
What is DWAI in Colorado?
DWAI stands for Driving While Ability Impaired. It is a lesser offense than DUI (Driving Under the Influence) or DUID (Driving Under the Influence of Drugs), requiring less proof to convict.
Under Colorado DWAI law, the state must show that you were in physical control of a vehicle after consuming alcohol or drugs, which impaired your ability to drive to “the slightest degree.” This impairment can be mental or physical.
Blood Alcohol Content (BAC) and DWAI Charges
A driver is typically charged with DWAI if their blood alcohol content (BAC) is:
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Between 0.05% and 0.079%
Colorado law allows the court to infer impairment if your BAC is in this range. However, you have the right to present evidence to challenge this presumption.
Importantly, even if your BAC is below 0.05%, you can still be charged with DUI or DWAI if you show signs of impairment or influence by drugs, alcohol, or both.
Penalties for a First-Time DWAI Conviction
A first-time DWAI conviction in Colorado carries serious consequences, including but not limited to:
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Possible loss or suspension of your driver’s license
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Court-ordered probation with strict conditions
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Monitored sobriety requirements
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Community service obligations
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Mandatory drug and alcohol education or treatment programs
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Court fines and costs
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Potential jail time
While driver’s license suspension for a first offense is often limited, points on your driving record could lead to up to a one-year suspension, depending on your case specifics.
Why You Need an Experienced Colorado DUI Defense Attorney
Given the serious consequences of a DWAI charge in Colorado, it is vital to consult with an experienced DUI defense attorney as early as possible.
A skilled attorney can:
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Assess the specific facts of your case
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Identify potential defenses and procedural errors
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Help minimize penalties, including license suspensions and jail time
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Guide you through the legal process and probation requirements
If you or a loved one is charged with DWAI in Colorado, don’t wait to get professional legal advice to protect your rights and future.