DWAI Colorado - DUI Arrest - Drunk Driving Penalities - Lawyer or Attorney

If driving under the influence in the state of Colorado, there are charges that some may not be aware that they can be charged with. Some states apply stricter laws than others, but ultimately the end result strived for, is one where no drivers are intoxicated while operating their vehicle. A recent poll discovered that nearly half of all traffic related deaths in Colorado involved alcohol or other drugs.

Two common charges as a result of driving under the influence:

DWAI (Driving While Ability Impaired):

A DWAI is a traffic violation in which the driver tested positive for alcohol with a BAC of .05 through to .07.

DUI (Driving Under the Influence):

Being charged with a DUI in the state of Colorado is very serious. To be charged with a DUI in Colorado, you must have a blood alcohol concentration (BAC) of .08 or higher.

The effects of a DWAI on your license:

The Colorado DMV and local law enforcement, base their license penalties on a point system.  A DUI carries a 12-point penalty to the driver’s license, and a DWAI carries an 8-point penalty. Therefore, if a registered driver in Colorado is charged with two DWAI charges in a matter of 12 months, their license is immediately suspended. Other penalties upon revocation of their vehicle and immediate suspension mimic those of being legally charged with a DUI.

First Offense DWAI

Points against license: If you have received your first DWAI in the state of Colorado, the first immediate action against you is an 8 point penalty on your license.

Fines: You could potentially face fines between as little as $100 and as high as $500 for you first offense

Incarceration: If found necessary in court, you could face as little as 2 days to as many as 180 days, or 6 months in jail.

Rehabilitation: Your first DWAI charge could also carry the possibility for you to complete 24 to 48 hours of community service in designated areas of your community seen fit by the judge and prosecution.

Other options by the court for failure to obey DWAI laws:

The state of Colorado holds the right to impose an ignition inter-lock system in your vehicle if you are a repeat offender. This is mostly imposed once multiple DWAI charges have been charged against you, and is being treated in court as a DUI due to the amount of points against you.

An ignition inter-lock system is a device that is installed to the offender’s vehicle. This device requires the driver of the vehicle to administer a breath test before the vehicle will start. If any alcohol is detected in the breath test, the vehicle will not start.

Zero Tolerance and Buy & Possess Laws

Zero tolerance laws are practiced in the state of Colorado. This law states that any person or persons under the legal drinking age of 21, found driving and with a BAC of .02 to .08, will have their license immediately revoked.

Also, if any driver under the age of 21 is pulled over in a traffic violation and found to be in possession of alcohol in the vehicle, they could also face immediate license revocation. The driver does not have to be intoxicated for the law to be upheld, for this law was voted into existence to prevent underage drinking and driving resulting in injury and deaths.

New 2010 DUI LawsColorado

HB10-1347 - Effective July 1st, 2010

Mandatory Minimum Imprisonment and Restrictions for Repeat Offenders. Imposes a Ten Day Minimum Jail Sentence for a Second Offense and a Sixty Day Minimum Jail Sentence for Third and Subsequent Offenses. To learn more about Colorado DUI Laws please visit the link below.

Colorado DUI Laws - On DrivingLaws.org

1st Colorado DUI Offense

First Drunk Driving Conviction

Blood Alcohol Content .08 or Above

  • 1st DUI
  • Jail – From 5 Days to 1 Year
  • Fine - From $600 - $1,000
  • License Suspension – 9 Months
  • License Points – 12
  • Public Service – From 48 to 96 Hours
  • Jail May be Suspended in Lieu of Alcohol Treatment Program

1st DWAI Offense

First Driving While Ability Impaired

Blood Alcohol Content of .05 But Less Than .08

  • 1st DWAI
  • Jail – From 48 Hours to 180 Days
  • Fine – From $200 to $500
  • License Suspension – None
  • License Points – 8
  • Public Service – From 24 to 48 Hour

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