DUI or DWAI Defense
A person is charged with a DUI or DWAI when driving a vehicle under the influence of alcohol, drugs, or a combination of both. Drugs can include illegal substances and also may include marijauna or prescription medications depending on the situation of the case. Driving under the influence and driving while ability impaired is considered an unclassified traffic misdemeanor. A DUI can be charged as a felony if the violation has occurred more than three times.
What you need to know about DUI and DWAI Defense in Colorado:
DUI Defense / Driving Under the Influence
DUI stands for driving while under the influence. When faced with a DUI, an individual is considered substantially incapable of safely operating a motor vehicle. The driver is presumed to be under the influence of alcohol with a blood alcohol content (BAC) of .08% and above. A DUI conviction assesses 12 points against a driver's driving record and is reported to the DMV.
DWAI Defense / Driving While Ability Impaired
DWAI stands for driving while ability impaired. When faced with a DWAI charge, an individual is still considered unable to safely operate a motor vehicle. The driver is presumed to be impaired with a BAC of .05% and up. A DWAI conviction assesses 8 points against a driver's driving record and is reported to the DMV.
What happens when you get a second DUI?
Penalties for a second DUI may include:
- Revocation of your license for 1 year
- A $600-$1,500 fine
- 10 days – 1 year in jail
- 48 hours – 120 hours of public service