If you or someone close to you is facing a DWAI or DUI charge in Colorado, it’s normal to feel confused or overwhelmed. The difference between these charges may seem small, but the legal consequences are very real, and they can impact your future in a big way.
If you’re unsure what comes next, talking to Kimberly Diego, a Denver Colorado criminal defense attorney can give you real answers and peace of mind. You don’t have to handle this on your own.
What is DWAI in Colorado?
DWAI stands for “Driving While Ability Impaired.” In Colorado, this charge applies if your blood alcohol content (BAC) is between 0.05% and 0.079%. But even if your BAC is below the legal limit, officers can still charge you if they believe alcohol or drugs affected your driving.
DWAI fines typically range from $150 to $500, and you may also face license suspension and other penalties. If you’re charged with DWAI, it’s a good idea to talk to a Denver criminal defense lawyer who can help protect you.
What is DUI in Colorado?
DUI means “Driving Under the Influence,” and in Colorado, that usually means a BAC of 0.08% or higher. But this charge can also apply to drugs—even prescription ones—if they affect your ability to drive safely.
DUI fines are usually higher, ranging from $600 to $1,000 or more, and the penalties can include longer jail time, extended license suspensions, and mandatory treatment programs. If you’re facing DUI charges, contact a Denver DUI defense attorney early to help fight your case.
First-Time vs. Repeat Offender DWAI and DUI Charges in Colorado
The punishment you face for DWAI or DUI depends a lot on whether this is your first time or if you’ve been charged before under Colorado’s drunk driving laws.
- First-Time Offenders: If it’s your first time, you might get lighter penalties like less jail time, smaller fines, or probation.
- Repeat Offenders: If you’ve been charged before, the penalties get tougher. This could mean longer jail time, bigger fines, longer license suspensions, and more court supervision. Colorado wants to keep roads safe by making repeat offenses more serious.
Even if this isn’t your first charge, don’t lose hope. A Denver, CO criminal defense attorney can help reduce penalties and look for alternatives like treatment programs.
Common Defenses Against DWAI and DUI Charges in Denver
Being charged with DWAI or DUI doesn’t mean you’re automatically guilty. A Denver, CO criminal defense lawyer can use several defenses to fight the case, such as:
- The police didn’t have a good reason to stop you
- Breathalyzer or field tests weren’t done right
- Blood test results might be wrong
- Medicine or health issues affected your test results
- Mistakes or problems during your arrest
Every case is different. Having a strong defense can really help. If you’re facing DWAI or DUI charges, it’s smart to talk to a Denver DUI defense lawyer early. They can look at your case and help protect you.
Call a Denver, CO Criminal Defense Lawyer Today
Facing a DWAI or DUI charge can feel like everything is at risk—your job, your relationships, and your freedom. But you don’t have to face this alone.
The Law Office of Kimberly Diego, a trusted Denver criminal defense attorney, is right here in Denver and will fight to protect your rights and your future. Call (720) 257-5346 or contact us online to schedule a confidential consultation.