Explaining the differences between a DWAI (Driving While Ability Impaired) and a DUI (Driving Under the Influence) in the State of Colorado.
Stay Sober While Driving.
“DWAI” stands for Driving While Ability Impaired (and no, this is not the same as a DWI or Driving While Intoxicated). Although this is a lesser charge from a DUI, it is still a criminal charge that can go on your record.
In the state of Colorado, the prosecution must prove that the driver was impaired to the “the slightest degree so that the person is less able than [they] ordinarily would have been, either mentally, physically, or both mentally and physically, to exercise clear judgement, sufficient physical control, or due care...” when they operated a vehicle.
A person with a blood alcohol level content between .05 and .08% can be charged with a DWAI if pulled over in the state of Colorado.
In the case of marijuana the standard is still .05 ng of THC.
Potential penalties following your first charge of a DWAI include:
8 points added to your driver's license (License gets suspended when it reaches 12 points in a 12-month period)
A fine up to $500
Up to 180 days in jail
Up to 48 hours of public service
IMPORTANT TO ALSO NOTE: These penalties are for those charged with their first DWAI without any previous DUIs or DWAIs. Thus, you will face charges that are significantly increased when you are charged with any DUI or DWAI following your first conviction.
Being charged with a DUI can lead to serious immigration consequences and it is important to give us a call today to find out what your rights are.
With years of experience regarding DUIs and DWAIs, Paloma Law LLC can efficiently access your case and options. Contact us today to discuss your options. 720-900-4861
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