Colorado Drunk Driving - DUI vs DWAI Laws

Colorado Drunk Driving Laws

The laws relating to drunk driving in Colorado are placed in section 1301 of Article 4 of the Vehicle Regulation act. Unlike most other states, Colorado makes a distinction between different types of drunk driving. Specifically, it talks about Driving Under the Influence - also called DUI, and driving with ability impaired (DWAI). The law lays down the various definitions relating to each condition. We take a look at them below.

However, it must be kept in mind that this area of law is very complex and is fraught with severe implications if you're found guilty. You need to tread a precise path that will get you out of the mess and avoid jail time as well as a permanent blot on your records. That path is very narrow and you can't walk it without a Colorado Springs Accident Lawyer by your side.

Driving Under the Influence (DUI)

DUI is more serious than DWAI. It means that a person who is DUI has his or her ability significantly impaired and isn't able to control their physical movements or exercise the judgment that is required to drive a vehicle. A person can be under the influence of either alcohol or drugs or both. In the case of alcohol, if a person's Blood Alcohol Concentration (BAC) is above 0.08, they are presumed to be under the influence.

One important concept is the charge of "per se." A person can be charged with DUI based on his or her conduct while driving. A DUI "per se" charge depends solely on the BAC levels. According to Colorado law, a person can be charged with DUI as well as DUI per se at the same time. However, the sentences don't add up, but run concurrently.

Driving with Ability Impaired (DWAI)

DWAI is less severe that DUI and means that a person's ability to drive a vehicle is slightly impaired, but not as much as would be the case with DUI. As far as evidence goes, if a person's BAC is higher than 0.05 but lower than 0.08 (the threshhold for DUI), they can be charged for DWAI by that fact alone.

A person is assumed to be able to drive fine without any impairment if their BAC is below 0.05. However, a person under the age of 21 can still be slapped with a Class A traffic infraction if their BAC is between 0.02 and 0.05.

Hiring a Colorado Springs Accident Lawyer

There are many exceptions, loopholes and special sections in the law regarding drunk driving in Colorado. You need a person who can get you through the legal charges safely and help you avoid jail time and lifelong repercussions. Our Clawson & Clawson attorneys will take charge of your case and pull you out of your problems. Contact us now for a free initial consultation.