Facing a drinking and driving charge in Greeley, Colorado like Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI), can be overwhelming, especially if it’s your first encounter with the legal system. Many people are surprised to learn that Colorado has two separate, but serious, impaired driving offenses: Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI). At O’Malley Law Office, we help clients navigate the complexities of these charges and fight to protect their rights, their records, and their futures.
What Is a DUI in Erie, Colorado? A Weld County Criminal Lawyer Explains
In Colorado, Driving Under the Influence (DUI) means operating a vehicle while substantially incapable—mentally and/or physically—of safely driving due to alcohol, drugs, or both.
You can be charged with DUI if:
- Your Blood Alcohol Content (BAC) is 0.08% or higher, or
- You show substantial impairment regardless of BAC (especially in drug-related cases)
DUI charges are not limited to alcohol. You can be charged for being under the influence of marijuana, prescription medication, or illicit drugs.
Windsor Defense Attorney: What Is a Colorado DWAI Charge?
Driving While Ability Impaired (DWAI) is a lesser, but still serious, charge. It applies when your ability to drive is impaired to the slightest degree, and usually involves a BAC of 0.05% to 0.079%.
You don’t have to be “drunk” to get a DWAI. Even a small amount of alcohol or drugs in your system can lead to charges if an officer believes your ability to drive was even slightly affected.
Driving Under Influence and Driving While Ability Impaired Penalties in Weld County Court
Colorado takes impaired driving very seriously—even first offenses carry significant consequences.
First-Time DWAI Penalties
- Up to 180 days in jail
- $200–$500 fine
- 24–48 hours of community service
- 8 points on your driver’s license (but no automatic suspension unless you hit 12 points in 12 months)
First-Time DUI Penalties
- Up to 1 year in jail
- $600–$1,000 fine
- 48–96 hours of community service
- 12-month license revocation
- Mandatory alcohol education/treatment
- 12 points on your driver’s license
Aggravating Factors
Penalties increase dramatically with:
- Repeat offenses
- High BAC (0.15% or higher is considered a “persistent drunk driver”)
- Causing injury or death
- Refusing a chemical test (automatic license suspension and designation as a high-risk driver)
Administrative Penalties from the DMV
Aside from the criminal case, the Colorado DMV can suspend or revoke your license independently—even if you’re not convicted in court. You typically have only 7 days after a DUI arrest to request a DMV hearing. If you miss this window, your license may be automatically suspended.
If you or someone you love has been charged with DUI or DWAI, be smart, exercise your right remain silent, and contact the best criminal defense attorney from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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