What Are the Legal Consequences of a DWAI Conviction in Colorado Springs?

Colorado has a thriving tourism industry and a history of liberal marijuana laws, but it’s also a rural state, which means long distances and long drives. State law specifically prohibits driving even with a slight buzz, whether from alcohol or drugs—that’s the meaning of DWAI, “driving with ability impaired.”

The penalties for a DWAI may not be quite as painful as those for a DUI, but they are enough to derail your life and possibly even your future.

What Does a DWAI Mean in Colorado?

Driving with ability impaired, under Colorado law, means driving after consuming “alcohol or one or more drugs, or a combination of both … that affects [the driver] to the slightest degree,” making them “less able than [they] ordinarily would have been … to exercise clear judgment, sufficient physical control, or due care” in the vehicle. See C.R.S. § 42-4-1301(1)(g).

By contrast, driving under the influence (DUI) refers to driving while “substantially incapable” of exercising that judgment or control. See § 42-4-1301(1)(f).

When a chemical test shows results of either—

• 0.05 to 0.079 BAC, or
• less than 5 ng/mL of delta 9-THC in the blood

—a driver can be charged with DWAI. Higher levels will result in a DUI charge.
These minimum chemical levels aren’t necessary for a DWAI arrest or charges. They just strengthen the state’s case because, at those levels, the jury can accept the test results alone as sufficient evidence for a DWAI. Where the driver’s test results are lower, they may still be arrested if the officer observed:

• Poor driving
• Slurred speech
• Failed field sobriety tests

The state can present evidence like this to obtain a DWAI conviction despite a lack of chemical results.

Penalties for DWAI in Colorado

First Offense

In this situation, “offense” refers not only to a conviction of DWAI but also to DUI, vehicular homicide, or vehicular assault, whether in Colorado or any other part of the US. See § 42-4-1301(1)(j). An offense can also include aggravated driving with a revoked license or driving while one’s license was under restraint.

A first offense carries penalties of:

• A jail sentence of 2 to 180 days for those with a BAC level of less than 0.20; this may be suspended if the driver completes an approved alcohol/drug evaluation and program
• A jail sentence of 10 days to 1 year for those with a BAC level of 0.20 or more, unless the court chooses to sentence them to an alternative plan, such as home detention
• A fine of $200–$500, which may also be suspended
• 24–48 hours of “useful public service” working for the community, which cannot be suspended
• Up to 2 years of probation, if the court chooses

See §§ 42-4-1307(4), 18-1.3-106.

A DWAI conviction also adds 8 points to your driver’s license. Receiving 12 points within a year results in suspension for an adult driver. Underage drivers may get their license suspended for a first DWAI.

Second Offense

A second offense leads to:

• A jail sentence of 10 days to a year unless the court chooses an alternative sentencing program
  • However, the court’s choice is restricted if the offenses are within 5 years of each other
• A fine of $600–$1,500, which may be suspended
• 48–120 hours of useful public service
• At least 2 years of probation
• Loss of driver’s license

Third Offenses

For a third offense or more, a driver faces a jail sentence of 60 days to a year; the court has limited discretion for alternatives. They also face the same penalties as for a second offense. Their license will be revoked for at least two years. See § 42-2-125(1)(i).

DWAI is a misdemeanor until the fourth offense, which is a felony. Felony DWAI offenders can face up to two years in jail or an alternative program, probation, continuous alcohol monitoring, and more.

How Can You Fight Back?

Your defense begins at the traffic stop. Be polite and cooperative, but don’t volunteer information. You have no legal obligation to take a field sobriety test; they’re often subjective and unreliable. If you are arrested, you do have to take a chemical test—but it’s not a requirement until you are under arrest.

Contact an experienced Colorado DUI/DWAI attorney as soon as possible. Your attorney knows how to defend your rights by analyzing the circumstances and uncovering the weak points in the state’s case, such as:

• Lack of probable cause (such as speeding, erratic driving, or other reasons for a traffic stop)
• Inconclusive field sobriety test results
• A low blood level of THC—it can persist for hours or days after use in some cases

If the prosecutor cannot defend the state’s position, the defense attorney may be able to get the charges dismissed or reduced.

Don’t Delay—Call Today

If you or a loved one are facing a DWAI charge in Colorado Springs, Castle Rock, or Peyton, we want to hear from you. At Liberty Law Center, we understand what’s at stake, and we know how to defend you from DWAI and DUI charges. What’s more, we can offer a flat fee to help ease your fears for the future.

Call us today at 719-733-9153 to schedule a free first consultation at our Colorado Springs office.