(720) 863-7755What is the difference between a DWAI and DUI?
Driving While Ability Impaired (DWAI) and Driving Under the Influence (DUI) both indicate that a driver was driving while impaired by alcohol. The difference between the two is the degree of impairment with DUI indicating a driver was more impaired than a DWAI. The delineation most commonly comes out when looking at Blood Alcohol Content (BAC). A driver with a BAC of 0.05 but less than 0.08 will be suspected of driving while ability impaired and therefore be charged with DWAI. A driver with a BAC of 0.08 or more will be suspected of driving under the influence and therefore be charged with DUI. (seeC.R.S. 42-4-1301)
If I am convicted of DWAI, what are the possible penalties?
By statute C.R.S. 42-4-1307, if it is the driver’s first alcohol related offense, then the possible penalty after a guilty plea or other conviction of DWAI is:
- 8 points against his license
- 2-180 days in jail
- $200-$500 fine
- 24-48 hours of public service
As you can see, there are large ranges in the possible penalties. A good defense attorney can examine a case and find the facts to support the least possible penalty. Furthermore, there are other ways to reduce the penalties even further under the right circumstances. A good defense attorney will know about these possibilities and be able to negotiate with the prosecutor on the driver’s behalf.
If I am convicted of DUI, what are the possible penalties?
By statute C.R.S. 42-4-1307, if it is the driver’s first alcohol related offense, then the possible penalty after a guilty plea or other conviction of DUI is:
- Loss of a driver’s license for 9 months and 12 points against his license
- 5 days to 1 year in jail
- $600-$1,000 fine
- 48-96 hours of public service
Again, as you can see, there are large ranges in the possible penalties. A good defense attorney can examine a case and find the facts to support the least possible penalty. Furthermore, there are other ways to reduce the penalties even further under the right circumstances. A good defense attorney will know about these possibilities and be able to negotiate with the prosecutor on the driver’s behalf.
What if this isn’t my first conviction for an alcohol related offense?
If you have been convicted of an alcohol related offense before, the penalties can be severe. This can include losing a driver’s license for long periods of time, mandatory jail sentences, and high fines among others. It is critical that you contact a knowledgeable defense attorney, like Peter Loyd Weber, to discuss your case and the possible outcomes. There ARE options and a good defense attorney will know what they are for you. Furthermore, it is essential to have a defense attorney review your file to insure that all of your rights were upheld and that the police and lab followed the necessary rules.
If you have been arrested on suspicion of DUI or DWAI, call us today so that we can start working on your case. The Law Office of Peter Loyd Weber will work to get the best possible outcome for you! Call us now at 720-863-7755.
