Difference Between Driving While Ability Impaired and Driving Under the Influence in Weld County

If a person drives after drinking alcohol or taking drugs, they could be charged with Driving While Ability Impaired (DWAI) or Driving Under the Influence (DUI) in Weld County. These are serious charges that can affect a person’s ability to drive, cost them large fines, and affect their future with a criminal record. The traffic lawyers at the O’Malley Law Office want to help you. Below our skilled attorneys discuss DWAI and DUI charges. If you are facing these charges in Fort Collins or Larimer County get help here.

Definition of DWAI, C.R.S. 42-4-1301 (1)(g), and DUI, C.R.S. 42-4-1301, in Colorado

The Colorado definition DWAI, C.R.S. 42-4-1301 (1)(g), is:

Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

The legal definition of Driving Under the Influence, C.R.S. 42-4-1301, in Colorado, is:

(1)(a) A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence.(f) “Driving Under the influence” means driving a motor vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

What is Blood Alcohol Content in Greeley, Colorado?

A Blood Alcohol Content or BAC in Greeley, is the amount of alcohol in your blood at any given time. A breathalyzer machine can analyze breath or sample of blood can be taken to determine a person’s BAC. The level of alcohol in a person’s blood is what determines if the person faces a DWAI or a DUI charge.

What is the Difference Between Driving While Ability Impaired and Driving Under the Influence Charge in Weld County?

In Weld County, when a defendant has a BAC of more than .05% but less than .08%, it is considered Driving While Ability Impaired. A BAC of .08% or greater is charged as DUI. Having a BAC at or above 0.15%, would aggravate the offense to a Persistent Drunk Driver designation, which increase the penalties the defendant faces.

DWAI and DUI Conviction Penalties in Colorado

In a DWAI or DUI conviction the sentence and penalties depend on if the defendant has ever had a prior DWAI/DUI conviction. The following chart will help you understand the penalties in Colorado:

1^st DWAI Offense	Misdemeanor	2 days – 180 days in the Weld County Jail $200– $500 in fines 24-48 hours of public service 8 DMV points
1^st DUI	Misdemeanor	5 days – 1 year in jail $600 – $1,000 in fines plus additional surcharges 48 to 96 hours of public service 12 DMV points 9-month license suspension
2^nd DUI/DWAI	Misdemeanor	10 days – 1 year in the Weld County Jail $600 – $1,500 in fines plus additional surcharges 48 – 120 hours of public service 12 DMV Points 1-year license suspension Alcohol education classes
3^rd DUI/DWAI	Misdemeanor	60 days – 1 year in the Weld County Jail $600 – $1,500 in fines plus additional surcharges 48 – 120 hours of public service 12 DMV points 2 year license suspension Alcohol education classes and treatment program
4^th or Subsequent Charge	Felony	2 – 6 years in a Colorado State Prison $2,000 – $500,000 in fines plus additional surcharges 48 – 120 hours of public service 12 DMV points 2-year license suspension Alcohol education classes and treatment program Probation or 3 years of mandatory parole

Why Hire a Top Traffic Lawyer in Windsor, Fredrick, and Firestone, Colorado

The O’Malley Law Office lawyers in Windsor, Fredrick, and Firestone understand the DWAI and DUI charges are complicated. Our lawyers have over 30 years of experience working for our client’s ability to drive and analyzing complicated traffic charges. We can aggressively fight to have your charges reduced or dismissed and work toward the best outcome in your case.

If you are facing criminal charges, contact the top DUI/DWAI criminal defense attorneys at the O’Malley Law Office today at 970-616-6009 before you head to the Weld County Courthouse. Together, we can protect your future.

The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!

Photo by Ketut Subiyanto

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