DUI (Driving Under the Influence or drunk driving) and DWAI (Driving While Ability Impaired or impaired driving) are two similar traffic / driving offenses you could be charged with in Weld, Morgan, or Logan County. The difference between these two charges is your impairment level.
What is the difference between DUI and DWAI in Weld County?
The Greeley Police or Weld County Sheriff will administer a breathalyzer or require you submit to a blood test in order to determine in order to determine your level of intoxication. The chart below outlines the Blood Alcohol Concentration (BAC) levels associated with each offense.
| Offense | BAC |
| DWAI | Higher than .05 and lower than .08 |
| DUI | .08 or higher |
If your BAC is .05 or lower, you are not presumed to be driving impaired.
Roadside Tests: Just Say No
They are voluntary tests, so you do not have to volunteer.
You are not required by law to participate in the roadside tests a Windsor or Greeley Police Officer may ask of you. If you do, you are just giving them probable cause to arrest you. They are voluntary tests, so you do not have to volunteer.
However, you should know that when you are arrested, you are required to submit a breath or blood sample. Once in custody, it is lawful procedure to get a scientific measure of your impairment level. You will automatically lose your license if you refuse to give a breath or blood sample once you are asked. If your BAC is over .08, the DMV will automatically suspend your Colorado driving privilege, regardless of the outcome of your criminal case.
There are many factors which determine whether a driver’s license is suspended and whether an interlock probationary or “red” license can be granted. So, if you are contacted by police concerning a drinking and driving traffic offense, be smart, exercise your right to remain silent, and call the O’Malley Law Office today at (970) 616-6009 for a free consultation. Together, we can protect your future.
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