Are the Consequences of a DWAI the Same as a DUI?
If you were recently charged with driving while ability impaired (DWAI) in Colorado, you may not have a clear understanding of the charges you are facing and how they relate to charges for driving under the influence (DUI). More specifically, you may be wondering if the consequences of a DWAI are the same as the consequences for a DUI. In short, a DWAI is a lesser offense in comparison to a DUI, yet it is nonetheless a criminal offense that needs to be taken extremely seriously. Our Denver drunk driving defense lawyers can provide you with more information about DWAI charges and how this offense relates to DUI charges in Colorado.
Understanding a DWAI Versus DUI
Before we explain the consequences of a DWAI conviction in relation to a DUI conviction, it is important to understand the differences between these charges. Under Colorado law, a DWAI is not as serious an offense as a DUI, but it is still a criminal offense that will result in a criminal record upon conviction.
Colorado law defines DWAI as drunk or drugged driving in which “a person need only be affected to the slightest degree so that the person is less able to drive than the person ordinarily would have been.” A DWAI per se is when a person has a blood alcohol concentration (BAC) of 0.05 percent or higher, but less than 0.08 percent (at which a DUI instead of a DWAI would be charged). A DUI, differently, refers to drunk or drugged driving “that affects the person to a degree that the person is substantially incapable, mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.” A DUI per se is charged with a BAC of 0.08 percent or higher.
Consequences of a DWAI
Given that a DWAI is not as serious an offense as a DUI, the consequences are less severe than those for a DUI conviction. At the same time, however, the consequences are still significant and should be taken seriously.
A first-time DWAI is a misdemeanor criminal offense. Upon conviction for a first-time DWAI, a person can still face a sentence of up to 180 days in jail, a fine of up to $500, up to 48 hours of community service, up to 2 years of probation, and required alcohol education. Consequences increase with each subsequent DWAI. If you are charged with a fourth-time DWAI or more, you will be facing a felony that could result in up to six years in prison.
Contact Our Denver DUI Defense Lawyers Today for Assistance with your DWAI Charges
Were you arrested for a DWAI in Colorado? If you are now facing DWAI charges, it is essential to work with one of the experienced Denver DUI defense attorneys at DeChant Law. We can answer any questions you have and can help to clarify any concerns you have about the differences between DWAI and DUI charges in the state. We know how critical it is to avoid a DWAI or DUI conviction, and we will tailor a defense strategy to the specific facts of your case. Contact our firm today to find out more about how we assist clients in Colorado with DWAI and DUI defenses, and to get started on your case.
Source:
leg.colorado.gov/sites/default/files/colorado_drunk_driving_laws_-_colorado_law_summary.pdf
