What is the difference between a DWAI and DUI in Colorado?

DUI, which refers to driving under the influence, and DWAI, which refers to driving while ability impaired, are both crimes in Colorado. They should not be mistaken as the same offense.

Driving Under The Influence

A DUI charge in Colorado results when a person is caught operating a vehicle with a BAC of .08 or higher, There is no additional evidence required for a conviction.   

Driving While Ability Impaired

A DWAI is a lesser offense, but it is still an alcohol related crime. Charges result when a person has a BAC of .05 or higher. In these cases, however, for a person to be convicted, the prosecution must prove that the individual’s driving ability was affected. A conviction can result even if the effects were slight.

 The penalties for a DWAI are less severe than those for DUI. For example, when a person is convicted of a first or second DUI, her license may be suspended. When a person is convicted of a first or second DWAI the only effect on her vehicular privileges will be eight points added to her driving record for each offense.

Another difference between these two offenses is the chance that other states may not consider a DWAI conviction. In all states, the maximum BAC is .08. Therefore, a DUI in one state is recognized as a DUI in another.

In either case, if you are facing Colorado DUI or DWAI charges, it is wise to consult with a drunk driving attorney.