If you are facing a charge of DWAI in Colorado, it is important to understand the differences between a DUI and a DWAI. In basic terms, a DUI is considered a more serious offense than a DWAI in Colorado but the distinction can often be more complicated.
At first instance, the difference between DUI and DWAI is an objective one and is based on your blood alcohol level. When a breath test or blood test gives a result over 0.08, you are likely to be charged with DUI. If your blood alcohol level is still over the 0.05 legal limit but is less than 0.08, you’re more likely to be charged with DWAI. As many people know, the breath or blood test must be taken and the result obtained within two hours of your last moment of driving, otherwise, the evidence is likely to be excluded at trial.
When it comes to sentencing, in Greeley CO the maximum sentence for a conviction of DUI – whether a first conviction or a subsequent conviction – is one year in jail. The first conviction of DWAI does not carry the one-year maximum sentence, whereas a subsequent conviction does.
Another important distinction between DUI and DWAI relates to your driver’s license. A first offense DUI conviction will usually result in a revocation of your driver’s license for between thirty days and nine months, whereas a first offense DWAI conviction does not usually result in any revocation of your driver’s license.
What many people do not know is that a blood alcohol reading between 0.05 and 0.08 does not automatically make you guilty of DWAI. Rather, it must be proven that your driving ability was impaired “to the slightest degree.” It is therefore essential that you seek legal advice as it may be the case that your driving ability was not impaired, despite your blood alcohol reading being over the legal limit.