Driving While Ability Impaired (DWAI) in Colorado is a lesser charge than Driving Under the Influence (DUI), but it’s still a serious offense. It means that your ability to operate a vehicle was impaired by alcohol or other drugs, even if you weren’t above the legal limit for a DUI. Understanding DWAI is crucial for anyone operating a vehicle in Colorado.
Understanding DWAI in Colorado
DWAI charges occur when a driver’s Blood Alcohol Content (BAC) is between 0.05% and 0.08%. While below the legal limit for a DUI, this level is still considered impairing. A DWAI can also be issued if an officer believes your driving is impaired by drugs, even if a BAC test isn’t administered. Remember, any substance impacting your driving abilities can lead to a DWAI.
Penalties for a DWAI in Colorado
The consequences of a DWAI in Colorado can be significant, impacting your driving record, finances, and even your freedom. Penalties include fines, jail time, community service, and mandatory alcohol education classes. A DWAI stays on your record for five years.
How a DWAI Differs from a DUI
While both involve impaired driving, a DUI is a more serious charge than a DWAI. A DUI is issued when your BAC is 0.08% or higher, or if you’re significantly impaired by drugs. DUIs carry harsher penalties than DWAIs, including longer license suspensions, higher fines, and increased jail time. Knowing the difference between a DWAI and a DUI is essential for understanding Colorado’s impaired driving laws. If you are unsure about the status of your license, you can find out how to check if license is suspended online colorado.
What to Do if You’re Charged with a DWAI
If you’re facing a DWAI charge, it’s crucial to seek legal advice. An experienced attorney can help you navigate the legal process, protect your rights, and potentially reduce the penalties you face. Don’t hesitate to contact a lawyer as soon as possible after being charged. For more information on DUI charges, you can read about what happens when you get a dui in colorado.
DWAI and Your Driving Record
A DWAI conviction adds points to your Colorado driving record. Accumulating too many points can lead to a license suspension. The number of points assigned for a DWAI can vary depending on the specific circumstances. It’s important to understand the point system and how a DWAI can affect your driving privileges. Young drivers should be particularly cautious, as they are subject to different point systems. Learn more about how many points are on my license colorado at 18.
Conclusion
Understanding what constitutes a DWAI in Colorado is vital for responsible driving. Even if your BAC is below the DUI limit, you can still face serious consequences for driving while impaired. Remember to always drive sober and make responsible choices to keep Colorado roads safe.
Expert Insight:
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Sarah Miller, Colorado Traffic Attorney: “A DWAI, while less serious than a DUI, can still significantly impact your life. Don’t underestimate the potential penalties.”
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David Chen, Certified Drug and Alcohol Counselor: “Even small amounts of alcohol or drugs can impair your judgment and reaction time, leading to dangerous driving situations.”
FAQ
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What does DWAI stand for? DWAI stands for Driving While Ability Impaired.
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What is the BAC limit for a DWAI in Colorado? There is no specific BAC limit for a DWAI. It’s issued when your ability to drive is impaired, even if your BAC is below the DUI limit of 0.08%.
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Can I be charged with a DWAI for drug use? Yes, you can be charged with a DWAI for driving under the influence of drugs, even if you haven’t consumed alcohol.
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How long does a DWAI stay on my record? A DWAI stays on your Colorado driving record for five years.
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What are the penalties for a DWAI? Penalties for a DWAI can include fines, jail time, community service, and mandatory alcohol education classes.
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