DUI Or DWAI

You got pulled over. Maybe you had two drinks at dinner. Maybe you blew into a device on the side of the road and now you are holding a court date and a knot in your stomach.

Here is what you need to know first: a DUI and a DWAI are not the same charge, the difference comes down to a few decimal points of blood alcohol content, and the way that number was measured is often the weakest link in the state’s case.

Colorado Springs Police pulling over a motorist for suspicion of DUI or DWAI – Colorado Springs DUI Lawyer Jeremy Loew

Jeremy Loew defends drivers charged with both across Colorado Springs and El Paso County.

(719) 387-4111 | Free Consultation

DUI vs. DWAI: The Real Difference

Colorado treats both as serious alcohol-related driving offenses. The line between them is your blood alcohol content.

DUI (Driving Under the Influence). You get charged with a DUI when your BAC is .08% or higher, or when the officer believes you were under the influence of alcohol, drugs, or both.

DWAI (Driving While Ability Impaired). You get charged with a DWAI when your BAC falls between .05% and .08%, or when the officer believes your ability to drive was impaired even to the slightest degree.

That phrase, “to the slightest degree,” is where a DWAI gets dangerous. It gives an officer wide room to charge you on judgment alone, and judgment is exactly what a defense attorney can challenge.

What a DUI Conviction Costs You

Your penalties climb with each prior alcohol-related conviction.

Every tier also carries two years of probation and Level II Alcohol Education and Therapy.

What a DWAI Conviction Costs You

A DWAI is the lesser charge. It still hits hard.

Each also brings two years of probation and Level II Alcohol Education and Therapy. Add it all up and the real cost runs far past the fine itself. Our guide on how much a DUI actually costs breaks down the full number.

The Number the State Relies On Can Be Wrong

The whole case usually rests on one figure: your BAC. That figure comes from a breathalyzer, and a breathalyzer is a machine that has to be maintained, calibrated, and operated correctly to be trusted.

When was the device last calibrated? Was the officer certified to run it? Did the machine get its required maintenance checks? Was there a 20-minute observation period before the test, or did the reading get taken right after you burped or used mouthwash? Any one of these can push a reading across the .08% line or manufacture impairment that was never there.

Field sobriety tests carry the same problem. The walk-and-turn, the one-leg stand, the eye-tracking test each has a strict protocol. An officer who administers them on uneven pavement, in poor lighting, or without proper instructions produces results that do not hold up. Those tests measure the officer’s technique as much as your sobriety.

This is where Jeremy Loew digs in. The goal is to test whether the state can actually prove its number.

Why Jeremy Loew

Jeremy Loew spent years as a prosecuting attorney before building his defense practice in Colorado Springs. He knows how the DA’s office builds a DUI case: which readings they treat as airtight, which corners get cut on calibration records, and where the traffic stop itself falls apart under a suppression motion.

He built cases like the one against you. He knows where they break.

What Clients Say

– Robert C. Thanks to the Law Office of Jeremy Loew I was able to walk away from what seemed like a lose-lose situation. He was available on the weekend when I was picked up and he fought for me until the last moment to get me the best deal possible and ensured that I was able to keep my license. I would recommend Jeremy Loew hands down.

– Susie Wills Jeremy is such an amazing lawyer and has gone over and beyond for me as a client. I would hire him again in a heartbeat if needed. He knows exactly how to treat his clients and he’s definitely worth every dime.

Act Before Your DMV Window Closes

A DUI or DWAI arrest starts two separate clocks: the criminal case and a DMV process that can revoke your license on its own timeline, often faster than the court case moves. Waiting costs you options. The earlier Jeremy gets into the calibration records and the stop, the more he has to work with.

Law Office of Jeremy Loew
306 E. Cucharras St., Suite 100
Colorado Springs, CO 80903

(719) 387-4111 | Free Consultation

Serving Colorado Springs, Peyton, Security, Widefield, Manitou Springs, Broadmoor, Black Forest, and Northgate.