DUI Or DWAI: What is the Difference?

In Colorado Springs it’s considered a serious crime to have an alcohol-related driving offense, DUI or DWAI, and hefty consequences can come with it.

In case you’re stopped by a police officer and later charged with either DWAI (driving while ability impaired) or maybe DUI (driving under the influence), you can face hefty fines and court costs, mandatory public service, mandatory alcohol classes, points on your license, license revocation, and significant jail time.

Both DUI or DWAI are two major alcohol-related driving offenses that Colorado law specifies. So, what is the key difference between these two, DUI or DWAI?

DUI

In case your blood alcohol content is .08% or higher or/and the police officer is convinced you’re under the influence of alcohol and/or drugs, you’ll be charged with a DUI offense.

DWAI

On the other hand, if your blood alcohol content ranges between .05% and .08% or the police officer is convinced that you have impaired ability to operate the motor vehicle even to the slightest degree, then you’ll be charged with a DWAI offense.

Colorado DUI penalties

In Colorado Springs, if you’re charged with a DUI and subsequently convicted, your possible penalties are dependent on the number of times you were previously convicted of any alcohol-related driving offense. Below you can see the penalties:

First DUI offense

12 points on your license
Revoke driver’s license for nine months
$600-$1,000 fine and additional court costs
Five days to one year of a potential jail sentence
Two years of Probation
Level II Alcohol Education and Therapy
48-96 hours of mandatory public service

Second DUI offense

12 points on your license
Revoke driver’s license for 12 months
$600 $1,500 fine and additional court costs
Ten days to one year of a potential jail sentence
Two years of Probation
Level II Alcohol Education and Therapy
48-120 hours of mandatory public service

Third DUI offense

12 points on your license
Revoke driver’s license for 24 months
600-$1,500 fine and additional court costs
60 days to one year of a potential jail sentence
Two years of Probation
Level II Alcohol Education and Therapy
48-120 hours of mandatory public service

Now let’s see the Colorado DWAI penalties. Although a DWAI is considered a less serious offense compared to a DUI, it can still have hefty penalties.

First DWAI offense

Two days to 180 days of a potential jail sentence
8 points on your license
$200-$500 fine
Level II Alcohol Education and Therapy
24-48 hours of mandatory public service
Two years of Probation

Second DWAI offense

8 points on your license
Revoke driver’s license for 12 months
$600 $1,500 fine and additional court costs
Ten days to one year of a potential jail sentence
Level II Alcohol Education and Therapy
48-120 hours of mandatory public service
Two years of Probation

Third DWAI offense

8 points on your license
Revoke driver’s license for 24 months
60 days to one year of a potential jail sentence
$600 $1,500 fine and additional court costs
Level II Alcohol Education and Therapy
48-120 hours of mandatory public service
Two years of Probation

As you can see, a DUI or DWAI is a very serious crime in Colorado Springs with some expensive (see our article, How Much Does A DUI Cost) and life-changing consequences .

DUI Or DWAI – You’ll Need An Experienced Attorney

If you are charged with an alcohol-related driving offense you need an aggressive and experienced criminal defense attorney to protect your rights and to work hard for the minimum of punishment.

Contact Jeremy Loew now to discuss your case.

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