What Is a DWAI In Colorado?

Colorado is one of a few states that has an additional category of impaired driving offense besides DUI. It’s called DWAI, or Driving While Ability Impaired — and while a DWAI is a lesser category of offense than a DUI, it’s still a serious offense that can significantly affect your life.

Here’s a quick look at DWAI in Colorado, including the basics of what you can expect if you’re charged with DWAI.

DWAI: Meaning, Legal Limits and Colorado Laws

Under Colorado law, a person is guilty of DWAI if they’re impaired “to the slightest degree.” That gives officers broad discretion to arrest drivers they suspect of operating a vehicle while under the influence of alcohol or drugs.

Colorado drivers with a BAC test result between .05% to .079% can receive a DWAI, according to No DUI Colorado. Still, remember that there’s no minimum BAC threshold for a DWAI. Any time you drive a vehicle with the slightest degree of impairment, you can be charged with DWAI.

Thus, the only way to be 100% sure you won’t get a DWAI or DUI in Colorado is to avoid having any amount of alcohol before driving. Remember, even a single alcoholic drink produces effects like slower reflexes and impaired reasoning — and it’s deceptively difficult for a person to gauge for themselves how impaired they are.

Penalties for a DWAI in Colorado

DWAI penalties are less severe than DUI penalties, but they’ll still cost you a lot of money, time, and effort. According to Colorado law, even on the first offense a DWAI can come with penalties that include:

• A minimum of two days and a maximum of 180 days in jail
• A fine of $200 to $500
• 24 to 48 hours of community service
• Eight points on your driver’s license

The court might suspend some of these penalties if you meet specified conditions, such as attending an approved drug and alcohol treatment program.

One of the most important aspects of a DWAI charge is that it can lead to significantly tougher penalties if you get a DUI or another DWAI later. Once you have more than one impaired driving charge of any kind, you’re subject to enhanced penalties, even if one of the charges was a DWAI rather than a DUI.

How a DWAI Can Impact Your Life

A DWAI can affect your life in many other ways that you might not realize. These are some additional consequences of a DWAI that you should be aware of:

• Insurance Rates: Your auto insurance rate often increases significantly after a DWAI or DUI, and some insurance carriers might cancel your policy. Some drivers might also have to obtain an SR-22 insurance form certifying that they’re carrying a specified amount of coverage.
• Employment: A DWAI may be an obstacle to getting certain jobs and can get you suspended or fired from your current job, especially if the job involves driving. It can also make it harder to get certain professional licenses.

Frequently Asked Questions About DWAI in Colorado

• Can you be charged with DWAI if you feel fine?

  • You can be charged with DWAI no matter how you’re personally feeling. A DWAI is based on whether an officer observed you to be impaired and whether you have alcohol or other drugs in your system.

• Is a DWAI a criminal offense in Colorado?

  • A DWAI is a criminal offense in that it’s resolved through the criminal court system, like a DUI. In most cases, a DWAI is a misdemeanor, not a felony. However, drivers who are repeatedly charged with DUI can be charged with felony DUI under some circumstances.

DWAI charges are one component of Colorado’s tough approach to drinking and driving. If you’ve received a DUI or DWAI in Colorado, an Ignition Interlock Device from Smart Start might be the next step that’s required to get your license back. Check out our guide to IIDs in Colorado for all the key information that will help you navigate the IID process.