Friday, October 16th, started a six-week crackdown on drinking and driving in the State of Colorado. This anti-DUI / DWAI movement will last through the Thanksgiving holiday and pick up again in early December. The Fort Collins Police Department is adding one extra officer to the roster every Friday and Saturday night when Colorado State University has a home football game. Officers will be stationed in areas where drinking and driving is common. Their patrols will last from 9:00 p.m. to 3:30 a.m. The Colorado State Patrol is also increasing their patrols during this crackdown period. During the same crackdown period last year, 1,854 people were arrested for DUI or DWAI across Colorado and 145 of those arrests came out of Larimer County.
What are DUI and DWAI in Fort Collins?
First, let’s look at the definitions of these two charges in Larimer, Boulder, and Grand County. The Colorado law definition of Driving Under the Influence (DUI) – C.R.S. 42-4-1301 – is:
Driving While Ability Impaired (DWAI) – C.R.S. 42-4-1301 – is defined by Colorado law as:
As you can see, the definitions are very similar. The only difference is the degree by which someone is affected by the alcohol or drugs. Colorado law has decided the difference can be decided by a measure of a person’s blood alcohol content (BAC):
| Offense | BAC |
| DWAI | Higher than .05 and lower than .08 |
| DUI | .08 or higher |
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Penalties for Drunk Driving in Loveland and Estes Park
Because a DWAI is associated with a lower BAC, the penalties are less harsh than a DUI conviction. A first offense DWAI is punishable by:
- 2 to 180 days in the Larimer County Jail
- 48-96 hours of community service
- $200-$500 in fines
- 9 month driver’s license suspension
On the other hand, a first offense DUI is punishable by:
- 5 to 365 days in the Boulder County Jail
- 48-96 hours of community service
- $600-$1000 in fines
- 9 month driver’s license suspension
The penalties for both get more severe if it is a second or subsequent offense. That’s why it is so important to have an experienced DUI attorney on your side. Your license and your freedom are at stake when facing these types of charges.