In the state of Colorado, DWAI refers to driving a motor vehicle when impaired even to the slightest degree due to alcohol or drugs, or a mixture of both. It is a lesser charge than DUI but still carries serious consequences for the offenders.
Difference between DUI and DWAI
The main difference between DUI and DWAI is the blood alcohol concentration (BAC). If the blood or breath test results in between 0.05 and 0.08 – the driver is charged with DWAI. However, in cases with a BAC greater than 0.08 – the person is charged with DUI. Colorado has one of the strictest drinking and driving laws in the country, setting the limit as low as a .05 BAC. For some individuals, as few as two drinks can increase their BAC over this legal limit and impair their ability to drive.
No License Revocation for DWAI
If the driver’s BAC is underneath 0.08, and there is no indication of drug use, the DMV would not take any action to cancel his driving license. However, if the BAC is over 0.08, or if there is a conviction in court for DUI, then the DMV will start driving license cancellation proceedings. This is when you should contact a knowledgeable Colorado DWAI defense attorney.
First DWAI Offense in Colorado
For the first DWAI offense, then the most probable punishments are 2 to 180 days of jail term, probation, fines and public service. Sometimes the jail can be suspended or converted to an alternative sentence such as in-home detention.
Second DWAI Offense in Colorado
Punishments for second or subsequent related crimes escalate dramatically on the basis of the number of priors that any offender has committed. It is not essential that the previous offenses be in the State of Colorado, and any prior violation will seriously boost the punishments.
DWAI lawyer Steven J. Pisani is an experienced criminal defense attorney that specializes in DUI, DWAI and DUID cases. Call us today for a free consultation and get the right guidance and legal support to defend the charges.