Are There Different Types of Intoxicated Driving Charges in Colorado?

Every state has its own intoxicated or impaired driving laws, which allow law enforcement officials to stop and arrest motorists for offenses involving driving while under the influence of or while intoxicated by alcohol or drugs. In Colorado, there are several different types of intoxicated-driving offenses, and it is important to understand the circumstances in which these offenses can result in an arrest and criminal charges. Our Denver DUI and DWAI defense attorneys can explain in more detail.

DUI 

Under CRS 42-4-1301, a person can face charges for driving under the influence (DUI) of “alcohol or or one or more drugs, or a combination of alcohol or one or more drugs, that 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 control, or due care in the safe operation of a vehicle.”

A first DUI offense is usually a misdemeanor that can result in jail time of anywhere from 5 days to up to one year, and a fine of up to $1,000.

DUI Per Se 

A DUI per se can be charged when a person has a blood alcohol concentration (BAC) of 0.08 percent or higher. The penalty is the same for a DUI as a DUI per se.

DWAI 

Driving while ability impaired (DWAI) is an offense that is less serious than a DUI. This offense can be charged when a person has “consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, 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.”

A first DWAI offense is a lesser misdemeanor but can still result in jail time of anywhere from 2 to 180 days, and a fine of up to $500.

DWAI Per Se 

A DWAI per se can be charged when a person has a blood alcohol concentration of 0.05 percent or higher but less than 0.08 percent. The penalty is the same for a DWAI as a DWAI per se.

UDD 

Underage drinking and driving, or a “UDD,” is a particular charge for a motorist who is under the age of 21 and has a BAC of 0.02 or higher but less than 0.05 percent. A first offense is a Class A traffic infraction — a lesser offense than a DUI and a DWAI — that can result in a fine of up to $100.

Additional Charges Involving Bodily Injury, Death, or Other Circumstances 

In addition to the above types of offenses, a person can also face additional alcohol-related or drug-related driving charges if they cause another person’s injury or death, or if their DUI, DWAI, or UDD case also involves other criminal circumstances. There are also separate DUI charges when the driver is operating a commercial vehicle and is the holder of a commercial driver’s license (CDL).

Contact a Denver DUI Defense Lawyer for Help with Your Case

If you are arrested for a DWAI or DUI, including a per se offense, it is critical to begin working on a defense strategy with a lawyer who can help you. First-time offenses, especially in which there are no bodily injuries, are often charged as misdemeanors. However, even a misdemeanor conviction can result in jail time, a criminal record, loss of driving license privileges, and other consequences. An experienced Denver DUI attorney at DeChant Law can speak with you today about developing a strong defense to the intoxicated driving charges you are facing. Contact our firm to get started on your defense strategy.

Source:

law.justia.com/codes/colorado/title-42/regulation-of-vehicles-and-traffic/article-4/part-13/section-42-4-1301/