Driving Under the Influence

C.R.S. 42-4-1301

DUI vs. DWAI in Colorado: Understanding the Critical Differences

Colorado is one of the few states that distinguishes between Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI). At Mile High Legal, our Denver criminal defense attorneys frequently explain these crucial differences to clients throughout Denver, Boulder, and the Front Range.

Under Colorado law (C.R.S. § 42-4-1301), these two charges have distinct thresholds and consequences:

DUI in Colorado:

  • Definition: Driving with a BAC of 0.08% or higher, or when substantially incapable of safely operating a vehicle

  • Penalties for first offense: 5 days to 1 year in jail, $600-$1,000 fine, 48-96 hours community service

  • License consequences: 9-month revocation

  • Denver-specific impact: Denver courts typically impose more stringent penalties than surrounding jurisdictions. Often more rural jurisdictions allow for deferred sentencing.

DWAI in Colorado:

  • Definition: Driving affected to the slightest degree by alcohol/drugs (typically BAC of 0.05-0.079%)

  • Penalties for first offense: 2-180 days in jail, $200-$500 fine, 24-48 hours community service

  • License consequences: 8 points against your license (no automatic revocation)

  • Denver-specific impact: More commonly charged in Denver due to aggressive prosecution policies

Our Denver-based attorneys have noticed that many Denver and Aurora residents incorrectly assume a DWAI is "just a minor ticket." In reality, both charges are criminal offenses that appear on background checks and can affect employment, particularly in Denver's competitive job market.

The distinction becomes especially important in cases involving:

  • Commercial drivers in the Denver metro area (lower BAC limits apply)

  • Downtown Denver DUI checkpoints where officers may use the lower DWAI standard

  • Cases involving marijuana impairment, which are increasingly common in Denver County

Mile High Legal has successfully defended thousands of DUI and DWAI cases across Denver and surrounding communities. Our intimate knowledge of how different Denver-area courts handle these charges allows us to develop strategic defenses for each specific jurisdiction.

For more information on the points system and how these charges affect your license, visit the Colorado DMV Point System page. If you're facing either charge in Denver or anywhere in Colorado, contact our office for a defense strategy tailored to your specific situation.