Drivers stopped in Greeley or elsewhere in Weld County on suspicion of impaired driving face important decisions in the moments after arrest, particularly around chemical testing. Understanding how Colorado’s laws work can help you know what to expect.
Attorney for Driving While Ability Impaired Charges in Johnstown and Milliken: What is the Difference Between DUI and DWAI in Colorado?
Colorado law distinguishes between two levels of impaired driving offenses. DUI (Driving Under the Influence) applies when alcohol, drugs, or a combination substantially impairs a driver’s ability to safely operate a vehicle. A BAC of 0.08% or higher creates a legal presumption of DUI.
DWAI (Driving While Ability Impaired) is a lesser included offense, applying when a driver’s ability is impaired “to the slightest degree.” This typically corresponds to a BAC between 0.05% and 0.08%, though officers can pursue a DWAI charge based on observed impairment even without chemical test results. Despite being the lesser charge, a DWAI is still a criminal offense with real consequences like fines, license points, potential jail time, and a criminal record.
Express Consent and Chemical Testing: Choosing Between a Breath or Blood Test for a Weld County DUI
Under Colorado’s express consent law (C.R.S. § 42-4-1301.1), any driver lawfully arrested on suspicion of DUI or DWAI is required to submit to chemical testing. Where alcohol alone is suspected, Colorado law generally gives the driver a choice between a breath test and a blood test.
However, this choice isn’t unlimited. If an officer has reason to believe drugs are involved, alone or combined with alcohol, the driver may be required to submit to a blood test, since breath tests only measure alcohol concentration. Refusing to choose, or refusing testing altogether, can result in automatic driver’s license revocation through the Colorado DMV, separate and apart from any criminal proceedings.
If you’ve been charged with DUI or DWAI, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule an initial consultation. Together, we can protect your future.
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