In Colorado, impaired driving is taken seriously—and the state enforces not one but two distinct charges related to driving under the influence of substances: DUI and DWAI. While both offenses involve operating a vehicle after consuming alcohol or drugs, there are important legal differences between the two. The charges carry different thresholds for impairment, consequences, and potential long-term impacts.
Knowing how DUI and DWAI are defined under Colorado law is crucial for any driver. Whether you’ve been charged or simply want to understand your rights and responsibilities, learning the differences between these offenses can help you avoid common pitfalls and better understand how the legal system may treat each scenario.
What Constitutes a DUI in Colorado?
A DUI, or Driving Under the Influence, is charged when a driver is found to be substantially incapable of operating a vehicle safely due to alcohol, drugs, or a combination of both. The most common standard for impairment is a blood alcohol content (BAC) of 0.08% or higher. However, a person can still be charged with a DUI if their BAC is lower but their driving is clearly affected.
DUI charges can also apply to those under the influence of controlled substances such as marijuana, prescription drugs, or illicit substances. The state does not distinguish between legal or illegal drug use when determining impairment. Even medications prescribed by a doctor can result in a DUI if they impair your ability to drive safely.
Colorado DUI laws are strict, and the penalties for a conviction can be severe. For a first-time DUI offense, consequences may include:
- Jail time of up to one year
- Fines ranging from $600 to $1,000
- Driver’s license suspension for nine months
- Mandatory participation in alcohol education or therapy programs
- Up to 96 hours of community service
In addition to these criminal penalties, a DUI conviction often results in higher insurance premiums, the installation of an ignition interlock device, and a permanent mark on your criminal record. If the offense involves bodily injury, death, or multiple prior convictions, it may be prosecuted as a felony with significantly enhanced penalties.
What Is a DWAI and How Does It Differ from a DUI?
A DWAI, or Driving While Ability Impaired, is a separate offense under Colorado law that applies when a driver’s ability to operate a vehicle is impaired to the slightest degree by alcohol or drugs. The legal threshold for a DWAI is a BAC between 0.05% and 0.079%, which is below the DUI limit but still indicates diminished ability to drive safely.
This means that even if your BAC is below the legal limit for a DUI, you can still be charged with a DWAI if law enforcement observes signs of impairment—such as swerving, delayed reaction times, or failing a field sobriety test. Unlike many other states, Colorado does not require a high level of impairment for a DWAI charge to apply.
While a DWAI is generally considered less serious than a DUI, it still carries meaningful legal and personal consequences. For a first DWAI offense, penalties may include:
- Jail time of up to 180 days
- Fines up to $500
- Eight points added to your driving record
- Community service (up to 48 hours)
Importantly, a first DWAI does not usually result in an automatic driver’s license suspension like a DUI does. However, it still adds points to your driving record, which can lead to administrative penalties, increased insurance rates, and the possibility of license suspension if additional points are added within a short timeframe.
How a DUI or DWAI Affects Your Future
Both DUI and DWAI convictions leave a lasting mark on your record. In Colorado, neither offense is eligible for expungement or sealing, even for first-time offenders. This means the conviction will remain visible to employers, landlords, and background checks indefinitely. A momentary lapse in judgment can lead to long-term consequences that go far beyond a court date or fine.
These charges also follow you into future encounters with the law. Colorado considers any prior impaired driving conviction—including a DWAI—when determining penalties for subsequent offenses. For example, a second DWAI will result in harsher consequences than a first, and a DWAI followed by a DUI will be treated as a second offense, not a first. That escalates the severity of penalties, including longer jail sentences, larger fines, and mandatory use of ignition interlock devices.
There are also collateral consequences to consider. A conviction can restrict your ability to obtain certain professional licenses, affect child custody disputes, and make international travel more difficult. Even a lesser charge like a DWAI can trigger employment-related issues or limit access to educational opportunities, particularly for young drivers or college students.
How Law Enforcement Determines Impairment
Police officers in Colorado rely on a combination of tests and observations to determine if a driver is impaired. This can include field sobriety tests, breathalyzers, blood tests, and the officer’s own judgment about the driver’s coordination, speech, and behavior. Officers are trained to spot the signs of both alcohol and drug impairment, and the presence of either can result in criminal charges.
In some cases, drivers believe they are safe to drive because they feel "fine" or because their BAC is below 0.08%. But under Colorado law, that belief doesn't offer protection if you're still impaired—even slightly. If you're pulled over and show signs of diminished ability, you could be charged with a DWAI or even a DUI depending on the officer's assessment and any test results.
It’s also worth noting that refusing a chemical test can trigger immediate administrative penalties, including automatic license suspension, regardless of whether you're ultimately convicted. Colorado’s express consent law requires drivers to submit to testing if they are lawfully arrested on suspicion of impaired driving.
Call Datz Law Firm if You’ve Been Charged With a DUI or DWAI
If you’ve been charged with impaired driving of any kind, our experienced DUI defense attorneys can help you understand the charges against you, evaluate your options, and work to reduce the impact on your life. Whether you're facing a DWAI for the first time or have prior offenses on your record, legal representation can make a major difference in how your case is resolved.
If you’re dealing with a DUI or DWAI charge in Colorado, don’t wait to take action. Contact us today to speak with an attorney who will help you take control of your case and protect your future.
