Denver Driving While Ability Impaired Lawyer
What's the difference between DUI and DWAI?
Did you know that Colorado law allows for an intoxicated driving arrest
even if your blood alcohol level is not higher than the legal limit of
.08? While DUI refers to the criminal offense of driving with a BAC of
.08 or higher, Driving While Ability Impaired (DWAI) applies if the perpetrator's
BAC level is under .08 but over .05 percent. A DWAI is not as severe in
level or penalties as a DUI but it is still a criminal charge that can
result in conviction and penalties. Furthermore, the standards for evidence
are lighter for prosecutors charging someone with DWAI; the officer simply
needs to show that the driver was impaired, even to the slightest degree,
at the time of the stop.
The penalties for first-time DUI and DWAI offenses vary, and they include
st DWAI – 2 to 180 days in jail, up to 2 years probation, fines of
$200 to $500
st DUI – 5 days to 1 year in jail, up to 2 years probation, fines of
$600 to $1,000
Repeated offenses of DWAI will result in the increase of penalties, much
like other DUI charges. A second conviction of DWAI could run the risk
of between 90 days and a year in prison, a yearlong license suspension
and up to 120 hours of mandatory public service. A third conviction could
result in registration as a habitual offender and the loss of your driving
privileges for five years.
The primary difference between DWAI and DUI offenses is that the punishments
for a DWAI offense are slightly less severe than those of a DUI offense.
However, the penalties for both DWAI and DUI increase with each consecutive
offense. In either situation, the offense can put your driving privileges at risk.
More Information About DWAI
DWAI lawyer as soon as possible. By getting them involved at the onset,
you can be confident that your case will be cared for in every way possible.
The right attorney will be able to help answer your questions, whatever
they may be, whether you are curious about field sobriety tests, blood
or breath tests, vehicular assault or out of state drivers. Christopher
H. Cessna understands how confusing a criminal charge can be, especially
if it's your first, and he is dedicated to ensuring that your answers
are answered and your rights are being protected to the very best of his ability.