Colorado DUI and DWAI Defined

DUI is defined as driving under the influence of alcohol or drugs so that the driver is “substantially incapable” of safely operating a vehicle. Driving with an alcohol content of .08 or greater is also DUI. Colorado has created a lesser offense called DWAI, “driving while ability impaired.” DWAI only requires impairment “to the slightest degree” and may be inferred by an alcohol content of .05.

Even on a first time DUI or DWAI offense, jail time is a real possibility. You also will be facing fines, court costs, public service hours, alcohol classes, and probation. The maximum penalty for a first time DUI conviction is one year in jail. The maximum penalty for DWAI is six months in jail. The Orr Law Firm will fight to keep you out of jail. Second or third offenses often result in or require jail. You need help to avoid or minimize any jail time the District Attorney may be seeking on these offenses.

In recent years, DUI enforcement has increased dramatically. Colorado is one of the toughest states when it comes to drinking and driving. We are essentially a no tolerance state. The legislature is continually making it easier to catch and prosecute citizens for drinking and driving. Our advice is simple: Do not Drink and Drive. But, what if you are stopped for DUI/DWAI? What are your rights? How are the police supposed to treat you? How do prosecutors handle your case? What about your driver’s license?