What is the difference between DUI and DWAI?
In Colorado, a charge of Driving Under the Influence (DUI) means that a driver has consumed alcohol or drugs, or a combination of both, rendering them substantially incapable of safely operating a motor vehicle. Conversely, a charge of Driving While Ability Impaired (DWAI) means that a driver has consumed alcohol or drugs, or a combination of both, rendering them slightly impaired and incapable of safely operating a motor vehicle.
What is a BAC and what are the legal limits?
A BAC is your Breath (or Blood) Alcohol Content. The legal limit for a DWAI charge in Colorado is .05 - .079. The legal limit for a DUI charge in Colorado is .08 and above.
Can I be charged with a DUI/DWAI for drugs in my system?
Yes. In Colorado, you can be charged with a DUI for drug content in your blood. This is commonly referred to as a DUI-D (drugs). The most common drug for DUI-D cases in Colorado is THC. As recreational and medicinal marijuana is legal in Colorado, they are permitted in your blood at certain levels. The legal limit for THC in your blood in Colorado is 5 ng.
The consequences for a charge of DUI or DWAI vary according to law. However, the most common consequences include the following: jail, probation, community service, alcohol education and therapy, fines, fees, court costs, loss of drivers license, requirement for interlock device, etc. All of these potential consequences can be mitigated, avoided or reduced. Contact us today to see how we can help avoid these possible sanctions.
What are the penalties?
Any DUI charge in the state of Colorado, even a first offense, carries potential for up to one year in jail, if not more. Any DWAI charge in the State of Colorado carries the potential for between 2 days and 6 months in jail. Not all cases result in the imposition of a jail sentence, contact our office today to find out if/how you can avoid any potential jail sentence on your case.
Am I going to jail?