At Datz Law Firm, we are often asked about the difference between a DUI and a DWAI in Colorado. Both charges involve allegations of impaired driving, but the laws, penalties, and long-term consequences are different. If you were recently stopped in Louisville or anywhere else in Colorado, knowing how these charges compare in 2025 is essential. Our DUI defense attorneys have decades of experience helping clients fight both DUI and DWAI charges, and we know what strategies can make a real difference in your case.
Understanding DUI Charges in Colorado
DUI stands for Driving Under the Influence. In Colorado, you can be charged with DUI if your blood alcohol content (BAC) is 0.08 percent or higher. However, even if you are under that limit, you may still be charged if an officer believes you are substantially incapable of driving safely due to alcohol, drugs, or a combination of the two.
DUI charges are considered serious because they reflect a higher level of impairment. A first-time conviction can include jail time of up to one year, fines up to $1,000, license suspension, mandatory alcohol education, and community service. The penalties only increase with each subsequent offense. A fourth DUI is treated as a felony in Colorado, carrying much harsher penalties, including prison time.
What many people do not realize is that DUI is not limited to alcohol. Prescription medications, marijuana, and even over-the-counter drugs can lead to a DUI arrest if law enforcement believes your ability to drive was significantly impaired. In 2025, police departments in Colorado continue to use a combination of field sobriety tests and chemical testing to support DUI charges.
Understanding DWAI Charges in Colorado
DWAI stands for Driving While Ability Impaired. This charge applies when your BAC is between 0.05 and 0.079 percent, or if you are found to be impaired to the slightest degree. That means you can be charged with DWAI even if you are under the legal limit of 0.08 percent. Officers can rely on their observations of slurred speech, poor balance, or other signs of impairment, in addition to test results.
DWAI is technically considered less severe than DUI, but it still comes with serious consequences. A first-time DWAI conviction carries up to 180 days in jail, fines of up to $500, up to 48 hours of community service, and points on your driver’s license. Repeat DWAI convictions are treated more harshly and can be used to enhance penalties if you are ever arrested for DUI in the future.
Because the standard for proving DWAI is lower, many drivers in Colorado find themselves surprised by this charge. At Datz Law Firm, we regularly defend clients who believed they were under the legal limit, only to face DWAI allegations based on minimal evidence.
DUI vs. DWAI Penalties in 2025
Both DUI and DWAI charges should be taken seriously, but the penalties differ in severity. In 2025, the following distinctions apply:
- DUI: Up to one year in jail, fines up to $1,000, a nine-month license suspension, mandatory alcohol education, and up to 96 hours of community service for a first offense.
- DWAI: Up to 180 days in jail, fines up to $500, eight points on your license, and up to 48 hours of community service for a first offense.
It is important to understand that both offenses remain on your criminal record permanently. They also count toward each other when calculating repeat offenses. For example, if you are convicted of DWAI and later arrested for DUI, the DUI will be treated as a second offense. This means that even a so-called “lesser” DWAI conviction can impact your life for years to come.
Why the Difference Matters
The difference between DUI and DWAI matters because it affects how prosecutors pursue your case, what penalties you may face, and how your criminal record will look in the future. A DUI conviction will usually carry harsher penalties, but a DWAI still leaves you with a criminal record, points on your license, and higher insurance costs. Both can affect your job opportunities, your professional licenses, and your ability to drive.
We also know that the difference matters in terms of defense strategy. With DWAI charges, we often challenge whether the evidence truly shows impairment to even the slightest degree. With DUI charges, we focus on the accuracy of BAC testing and whether officers followed proper procedures during the arrest. In both cases, our job is to question the state’s evidence and protect your constitutional rights.
How We Defend Against DUI and DWAI Charges
At Datz Law Firm, we take a thorough approach to defending DUI and DWAI cases. We start by reviewing every detail of your arrest, including whether the officer had probable cause to pull you over, whether field sobriety tests were administered properly, and whether chemical testing equipment was maintained and used correctly. Even small errors can result in unreliable results, and we know how to find those weaknesses.
We also look for constitutional violations. If you were stopped illegally, or if your rights were violated during questioning or testing, we can move to have evidence suppressed. This can often lead to reduced charges or even a full dismissal. Our attorneys also negotiate aggressively with prosecutors to seek alternative sentencing, such as probation or treatment programs, rather than jail time.
We have spent years defending drivers in Louisville and across Colorado, and we know how overwhelming these charges can feel. Our goal is always to protect your record, your freedom, and your future.
Contact Datz Law Firm Today for DUI and DWAI Defense in Colorado
If you have been charged with DUI or DWAI in 2025, you should not wait to get legal help. The sooner you act, the more options we have to build a strong defense on your behalf. At Datz Law Firm, our Louisville-based attorneys understand Colorado’s impaired driving laws inside and out, and we know how to fight back against the tactics prosecutors use in these cases.
Do not let one arrest define your future. Our DUI defense team is here to protect your rights, challenge the evidence against you, and work toward the best possible outcome. Contact us today to schedule a consultation with our experienced DUI defense attorneys in Louisville, Colorado.
