Difference between DUI and DWAI in Denver, Colorado
Colorado is one of the states in the US where DUI is taken very seriously. Many Denver and other cities residents and guest in the state may not be aware that they could get arrested or considered impaired by police officers if their blood alcohol concentration level is below the nationwide standard of 0.08 percent. However, Colorado spells a huge difference. If you are tested between 0.05 and 0.08 percent BAC in Colorado, you can be charged for DWAI and DUI for higher BAC.
A DWAI is considered a misdemeanor charge as well as technically less serious than DUI. However, it will add to your criminal record if you are convicted. Meanwhile, after the first offense, the punishment for both DWAI and DUI becomes the same. In fact, if you have been previously convicted for DWAI and you are subsequently arrested for a new DWAI, you will get punished for two DWAIs in Colorado. The same thing applies to DUI.
What is DWAI?
DWAI means Driving While Ability Impaired. This means a driver is driving a vehicle after consuming alcohol, other substances or a combination of both, thus affecting him to the slightest degree that he is less able to exercise sufficient control, clear judgment or required care in the safe operation of an automobile.
What is DUI?
DUI means driving under influence and it connotes that an individual driving a car is substantially incapable to control self, exercise judgment or possess needed care in the operation of an automobile because he has consumed alcohol, other drugs or a combination.
Differences between DUI and DWAI
From the definition, one can deduce that the literal difference is the degree of intoxication of the individual driving under influence. In Colorado, DUI and DWAI arrests will result in separate cases. These are a DMV action affecting the driver’s driving privileges with possible suspension, and a court case, where a variety of punishments could be met out to offender.
Penalties associated with DWAI
When a driver is convicted for a DWAI, he would not automatically lose his license on the first offense like in DUI, but he would face 8 points on his license towards suspension. With a DWAI conviction, a driver could also face up to $500 fine and 180 days jail term. 48 hours of community service is part of the possible punishments. As it has been revealed severally on our DUI topics, DWAI charges can also increase significantly with further convictions. Colorado is harsh on DUI/DWAI charges and so there are no lookback periods for prior DUI/DWAI. Because of this, all previous DUI/DWAI are considered relevant to a DWAI sentencing. You will still account for these crimes even if you have committed them previously in other states in the US.
A first time DWAI is regarded as misdemeanor that spells life threatening consequences even though it is not considered as serious as DUI. However, the punishment for a second DWAI is the same as a second DUI. This spells an up to a year jail term, fines of up to $1500 and a year’s license suspension. Offenders might be eligible for an ignition interlock device after serving a portion of the license suspension. A first offender in contrast could bag a one or two years unsupervised probation
No matter how difficult or tedious a DWAI/DUI may seem, an experienced Colorado DUI attorney would surely put up the right defense for your case depending on its severity to get the best judgment for you. This might range from case dismissal to significantly reduced penalties. However, you have to secure a lawyer as quickly as possible so as to strategize your defense for a positive outcome. Having it in mind that Colorado DUI law is notoriously strict could make you begin consultations with DUI attorneys as soon as possible.
DWAI/DUI Repercussions
Once a driver is convicted for DWAI/DUI, it would remain on his record for a lifetime for criminal purpose and up to five years for DMV purpose. Also, when you are a habitual traffic offender as convicted in Colorado, there is a designation for you within seven years. The major incidence that could earn you this include DUI/DWAI, reckless driving, hit and run resulting in death and injury, vehicular assault and lots more. It is therefore strongly advised that you contest a charge in the court of law with an experienced DUI attorney as it remains the only way to avert the strong repercussions that follows a DU/DWAI conviction by a court of competent jurisdiction in Colorado.
