Driving While Ability is Impaired by Drugs

What Is the Difference Between DUI and DWAI?

Under Colorado law, driving under the influence (DUI) means operating a motor vehicle while substantially impaired by alcohol, drugs, or a combination of substances. The term “operation” includes not only driving but also being in actual physical control of a vehicle.

Impairment can result from alcohol, illegal drugs, prescription medication, or even certain over-the-counter substances. For a DUI conviction, the prosecution must show that the defendant’s ability to safely operate a vehicle was substantially impaired.

Driving While Ability Impaired (DWAI) is considered a lesser included offense. A DWAI charge applies when the driver’s ability to operate a vehicle is impaired to the slightest degree.

The difference between these offenses often comes down to the level of impairment. In alcohol-related cases, Colorado law establishes specific blood alcohol concentration (BAC) levels:

• 0.08 BAC or higher – Presumption of DUI

• 0.05 BAC or higher – Evidence supporting a DWAI charge

Although DWAI is considered a lesser offense, it still carries significant penalties and should not be taken lightly.

You can learn more about impaired driving charges on our Colorado DUI defense page.

Is There a Separate DWAID Offense in Colorado?

Many DUI defense attorneys use the term DUID, which refers to driving under the influence of drugs. However, Colorado law does not create a separate offense specifically called “DUID.” Instead, driving under the influence of drugs falls under the same DUI statute.

Similarly, there is no separate statutory offense labeled “DWAI-D.” A driver can still be charged with DWAI involving drugs, but it is prosecuted under the same DWAI statute that applies to alcohol-related impairment.

The challenge with drug-related impaired driving cases is that the statute provides less clarity than alcohol cases. Alcohol impairment is easier to measure because blood alcohol concentration has well-established scientific limits.

Drug impairment is more complicated and often requires additional evidence to determine whether a driver was actually impaired.

How Drug DUI and DWAI Cases Differ from Alcohol Cases

Colorado law establishes clear legal limits for alcohol-related DUI cases. A driver with a BAC of 0.08 or higher is presumed to be under the influence of alcohol.

For marijuana-related cases, Colorado law establishes a permissible inference limit of 5 nanograms of active THC in the bloodstream. If a driver tests above this level, prosecutors may argue that the driver was under the influence.

However, unlike alcohol, there is no established lower limit for DWAI involving THC. The presence of drugs alone does not necessarily prove impairment.

The situation becomes even more complicated when dealing with prescription medications or other substances. Many drivers may test positive for medications that were legally prescribed.

In these situations, prosecutors must rely on other evidence such as:

• officer observations

• driving behavior

• statements made by the driver

• performance on field sobriety tests

Because drug-related DUI cases involve complicated medical and scientific issues, it is important to work with an experienced DUI defense lawyer who understands how to challenge this type of evidence.

How Do You Defend a DWAI Drug Case?

Defending a DWAI drug case requires careful examination of both the law and the scientific evidence involved.

One important consideration is the jury instructions used in Colorado criminal trials. These instructions explain the legal standards the jury must apply when deciding the case. Because DWAI requires only impairment “to the slightest degree,” the language used in jury instructions can be challenging for defendants.

Another important factor is the type of drug found in the defendant’s system.

For example, some medications may actually improve a person’s ability to function by treating medical conditions. Other substances may have sedative effects that could impair driving ability.

In addition to the type of drug, the amount of the drug present in the bloodstream is also important.

Many medications have what is known as a therapeutic window, which refers to the concentration of the drug that produces the intended medical effect without causing harmful side effects.

Understanding these therapeutic ranges can be critical in defending a DWAI drug case.

In many situations, defense attorneys work with toxicology experts to analyze blood test results and explain how certain medications affect the body. Toxicologists can provide expert testimony regarding whether the detected drug levels are consistent with impairment.

What Are the Penalties for DWAI in Colorado?

Driving While Ability Impaired is classified as an unclassified misdemeanor under Colorado law.

For a first offense, the maximum penalties include:

• up to 180 days in jail

• fines of up to $500

• court costs and probation supervision fees

Colorado law requires a minimum two-day jail sentence for DWAI. However, courts often suspend this jail sentence if the defendant successfully completes alcohol or drug education classes.

A judge may also impose probation, which usually includes conditions such as:

• attending alcohol or drug education classes

• performing community service

• remaining law-abiding

• attending a MADD victim impact panel

Probation typically lasts one to two years, although courts may allow early termination in certain circumstances.

For a complete overview of DUI and DWAI sentencing, see our DUI sentence and penalties page.

License Consequences for DWAI

Unlike DUI charges, a DWAI conviction does not usually result in an automatic license revocation under the Colorado Express Consent law.

However, DWAI convictions still carry eight DMV points, which can lead to license suspension depending on the driver’s age and driving record.

Repeat offenses can also result in administrative consequences. Additionally, drivers with commercial licenses may face stricter penalties.

Because the criminal case and administrative license issues can overlap, many defendants also face proceedings through the Colorado DMV hearing process

Repeat DUI and DWAI Penalties

Penalties increase significantly when a person has prior impaired driving convictions.

Colorado law requires mandatory jail sentences for repeat offenses:

• Second DUI conviction – minimum 10 days in jail

• Third DUI conviction – minimum 60 days in jail

A fourth DUI or DWAI conviction is classified as a felony DUI offense in Colorado, which carries substantially more serious penalties.

Because repeat offenses can dramatically increase the consequences of a conviction, it is essential to speak with a qualified DUI defense attorney as soon as possible.

Speak With a Colorado Driving While Ability is Impaired by Drugs Defense Attorney

Although DUI and DWAI charges may initially appear straightforward, these cases often involve complicated legal and scientific issues.

Every case is different, and the best defense strategy depends on the specific facts of the situation.

If you are facing charges for DUI or DWAI in Aurora or the Denver metro area, the Lawrence Law Firm is prepared to help.

Our firm has more than a decade of experience defending impaired driving cases throughout Arapahoe, Adams, Denver, Douglas, and Jefferson Counties.

We offer free consultations and flat fee representation with flexible payment plans.