• 30
  • August
    2010

Colorado's DUI/DWAI laws can be very difficult to decipher. They are often written in such a way that it can be hard for a person unfamiliar with the law to determine their rights, options or even the possible penalties that they may be facing.

The next few posts are designed to provide some basic background information on these complex DUI/DWAI laws and summarize some of the potential penalties to which an offender may be subject.

This information is provided for informational purposes only and is not to be construed as legal advice. To learn more about DUI/DWAI or to address your pressing issues, contact an experienced Colorado legal professional.

Exactly what type of conduct does Colorado law expressly prohibit?

Under Colorado law, a person is forbidden from operating a motor vehicle while their ability to drive is impaired by alcohol (DWAI) or while they are under the influence of alcohol (DUI).

What's the difference between DWAI and DUI?

DUI - A person may be charged with driving under the influence if they have a blood alcohol concentration (BAC) of .08 or higher. When a person has a BAC of .08 or higher, they are presumed to be substantially incapable of exercising the following: clear judgment, sufficient physical control of their motor vehicle and due care in the operation of their motor vehicle. See C.R.S. 42-4-1301(1)(f). 

DWAI - A person may be charged with driving while ability impaired if they have a BAC of greater than .05 but less than .08. When a person has a BAC somewhere between .05 and .08, they are presumed to be affected to the "slightest degree" such that they are less able than normal to exercise clear judgment, sufficient physical control of their motor vehicle and due care in the operation of their motor vehicle. See C.R.S. 42-4-1301(1)(g).

Stay tuned for more information in the next post from our Denver DUI/DWAI blog ...

Related Resources:

• Colorado Drunk Driving Laws (Colorado Office of Legislative Legal Services)