DWAI vs DUI in Colorado: What You Need to Know

Being charged with impaired driving in Colorado can feel overwhelming. You may be facing fines, possible jail time, and the loss of your driver’s license — not to mention damage to your job, relationships, and reputation.

Two of the most common alcohol-related driving charges are DWAI (Driving While Ability Impaired) and DUI (Driving Under the Influence). At first glance, they may sound similar. However, the differences between DWAI and DUI can have a big impact on your case and your future.

If you’ve been arrested, one of the most important steps you can take is searching for a DUI attorney near me. Having a local defense lawyer who knows Colorado law can protect your rights and help you fight for the best outcome possible.

What Does DWAI Mean in Colorado?

DWAI stands for Driving While Ability Impaired. Under Colorado law, this means that a person operated a motor vehicle while their ability to drive was impaired to the slightest degree by alcohol, drugs, or both.

• BAC threshold: A DWAI charge typically applies when a driver’s blood alcohol content (BAC) is between 0.05% and 0.08%.

• Legal standard: Impairment “to the slightest degree” is enough to be convicted. The law does not require proof of substantial impairment.

• Consequences: Even though DWAI is considered a lesser offense than DUI, it still carries penalties that can include fines, community service, probation, and even jail time.

In short, a DWAI conviction means the court believes alcohol or drugs affected your ability to drive, even slightly.

What Is a DUI in Colorado?

DUI stands for Driving Under the Influence. This Colorado Law violation is more serious than DWAI and involves greater levels of impairment.

• BAC threshold: DUI applies when a driver’s BAC is 0.08% or higher.

• Drug-related DUIs: A DUI can also result from drug use, including marijuana, prescription drugs, or other controlled substances. Colorado has a 5 nanogram THC limit for marijuana DUIs, but for other drugs there are no specific thresholds — any level of impairment may result in a charge.

• Consequences: DUI convictions can lead to license suspension, higher fines, mandatory alcohol education, longer community service, and possible jail or prison time.

A DUI conviction signals to the court that the driver was substantially impaired, which is why penalties are significantly harsher.

DWAI vs DUI: The Key Differences

While both charges involve impaired driving, there are some crucial differences:

Both offenses stay on your criminal and driving record and can enhance future penalties.

First vs Repeat Offenses

The difference between a first and subsequent offense is huge in Colorado:

• First DWAI: May involve fines, community service, probation, and up to 180 days in jail.

• First DUI: Possible license suspension, heavier fines, longer community service, and up to one year in jail.

• Second or Third Offenses: Courts impose mandatory jail time, longer probation, and stricter conditions.

• Fourth Offense: A fourth DUI in Colorado is automatically a felony, with mandatory jail or prison time.

Even if your first charge is a DWAI, a later DUI will be treated as a repeat alcohol-related driving offense, increasing penalties.

DWAI, DUI, and DWI

In Colorado, the law uses DWAI and DUI, but you may also hear the term DWI (Driving While Intoxicated) in other states.

• In many states, DWI and DUI are the same offense, just different terminology.

• In Colorado, DWI is not a separate charge — only DWAI and DUI exist.

• If you have a prior DWI from another state, it can still count as a prior conviction in Colorado and increase your penalties.

This is why having a knowledgeable Aurora DUI defense attorney is crucial if you’ve been charged in more than one state.

Legal Consequences Beyond the Courtroom

The penalties for DUI and DWAI are not limited to fines or jail. A conviction can also affect your:

• Driver’s license – DMV hearings can suspend or revoke your license independent of the criminal case.

• Employment – Some jobs require a clean driving record or professional license.

• Insurance rates – A conviction can raise premiums for years.

• Personal life – The stigma of a DUI can affect relationships and community reputation.

For these reasons, many people search for a DUI attorney near me immediately after being charged, because the stakes are so high.

What To Do If You’re Charged With DWAI or DUI in Colorado

If you’ve been charged, it’s important to act quickly:

1. Hire a DUI lawyer – An experienced attorney can examine the evidence, challenge breath or blood tests, and build a defense strategy.

2. Understand your rights – You have the right to remain silent and the right to legal counsel. Exercise them.

3. Prepare for DMV hearings – Colorado’s express consent law requires quick action to contest license suspensions.

4. Consider alcohol education programs – Voluntarily starting classes or treatment can sometimes reduce penalties.

The Role of a DUI Defense Attorney

A Colorado DUI lawyer plays a vital role in cases involving DWAI or DUI:

• Evaluating the stop: Did police have a valid reason to pull you over?

• Challenging tests: Were field sobriety and chemical tests administered correctly?

• Cross-examining officers: Were their observations consistent and accurate?

• Negotiating outcomes: Can charges be reduced to lesser offenses or penalties minimized?

• Protecting your record: Avoiding enhancements that make future penalties harsher.

Local attorneys in Aurora, Denver, Arapahoe County, Adams County, Jefferson County, and Douglas County know the tendencies of judges, prosecutors, and probation officers in those courts.

Why Search for a DUI Attorney Near Me?

Typing “DUI attorney near me” into a search engine is more than just looking for convenience. It’s about finding:

• Local knowledge – Attorneys familiar with nearby courts.

• Accessibility – A lawyer you can meet with quickly in person.

• Personalized service – Someone who understands your community and circumstances.

At the Lawrence Law Firm, we pride ourselves on being a local DUI defense firm serving Aurora and the Denver metro area.

Key Takeaways

• DWAI in Colorado applies when BAC is between 0.05% and 0.08% and requires only slight impairment.

• DUI in Colorado applies at 0.08% BAC or higher and reflects substantial impairment.

• Both offenses carry serious legal and personal consequences.

• A DUI attorney near me can make the difference between a harsh sentence and a manageable outcome.

• Repeat offenses dramatically increase penalties, with a fourth DUI becoming a felony.

Speak With a Colorado DUI Attorney Near Me

If you’ve been charged with DWAI or DUI in Colorado, the clock is already ticking on court deadlines and DMV hearings. You don’t have to face this alone.

At the Lawrence Law Firm, our experienced Aurora DUI attorneys defend clients across the Denver metro area, including Arapahoe, Adams, Jefferson, and Douglas Counties. We offer free consultations and flat-fee representation with flexible payment plans.

Call today to schedule your consultation with a DUI attorney near me and protect your rights, your license, and your future.