In Colorado, residents may use the words “driving under the influence” (DUI) and “driving while intoxicated” (DWI) interchangeably, as they refer to the same action. However, Colorado may also charge drivers with “driving while ability impaired” (DWAI), which carries different penalties than a DUI.
DUI/DWI charges
In Colorado, drivers must test positive for a blood alcohol content (BAC) of at least .08% before facing a DUI/DWI charge. If you have drugs in your system instead of alcohol, no legal limit exists. Any amount of drugs in your system while driving can count as a DUI in Colorado.
DWAI charges
In Colorado, the following conditions exist for DWAI charges:
- A BAC higher than.05% and lower than .08%.
- Erratic driving
- Clear signs of intoxication, such as a lack of balance or glossy eyes.
Penalties for DUI/DWAI charges
DUI and DWAI charges are misdemeanors for your first, second or third offense. While the courts apply harsher penalties to a first-time DUI offense than a first-time DWAI, subsequent DUI/DWAI charges carry the same penalties.
First-time convictions for a DUI include:
- Up to a year in jail
- Up to $1,000 in fines
- Community service
- A license suspension that may last up to nine months
A first-time DWAI conviction leads to the following penalties:
- Up to 180 days in jail
- Up to $500 in fines
- Community service
- Eight points on your license
For your second or third DUI/DWAI conviction, you face:
- Up to $1,500 in fines
- Up to a year in jail
- Community service
- Automatic driver’s license suspension
A fourth DUI/DWAI conviction is a class 4 felony. The penalties include:
- Up to $500,000 in fines
- Up to six years in state prison
- Three years parole
DUI and DWAI laws exist to protect the public. However, you still have a right to defend yourself in court.
