What Is the Difference Between DUI, DWAI, and DUID in Fort Collins, Colorado?
Under C.R.S. 42-4-1301, Colorado treats impaired driving in tiers based on the level of impairment:
- DUI (Driving Under the Influence): driving while substantially incapable, whether mentally or physically, of operating a vehicle safely due to alcohol, drugs, or both. A blood alcohol content (BAC) of 0.08 or higher is also treated as DUI.
- DWAI (Driving While Ability Impaired): driving while affected to the slightest degree by alcohol or drugs. A BAC of 0.05 or higher can support a DWAI charge.
- DUID (Driving Under the Influence of Drugs): impaired driving caused by marijuana, prescription medication, or other drugs. Colorado law allows a permissible inference of impairment at 5 nanograms or more of delta 9-THC per milliliter of blood.
Loveland DUI Attorney: What Are the Penalties for Driving Under the Influence?
Penalties depend on the charge and your history, and they can include:
- Jail time: possible even for a first offense
- Fines and court costs: which add up quickly
- Probation and community service: with alcohol or drug education and treatment
- License consequences: a separate DMV process can lead to suspension or revocation
- Ignition interlock: often required after certain violations
Repeat offenses, high BAC levels, or an accident involving injury can increase the charge level, and a fourth lifetime offense can be charged as a felony.
Lawyer for DWAI Charges in Estes Park: What Happens After a DUI Arrest in Fort Collins?
Arrests in Fort Collins, Loveland, Estes Park and across Larimer County may involve the Fort Collins Police Department, the Larimer County Sheriff’s Office, or the Colorado State Patrol. Cases are prosecuted by the Larimer County District Attorney’s Office. You also face a deadline to request a DMV hearing after arrest, separate from the criminal case.
Frequently Asked Questions About DUI, DWAI, and DUID
Is DWAI less serious than DUI?
It is a lesser offense, but it still carries penalties and a criminal record.
Can I be charged with DUI for prescription drugs?
Yes. Any substance that impairs your ability to drive safely can lead to a charge.
Will I lose my license after a DUI arrest?
The DMV may suspend your license through a separate administrative process.
Should I talk to police before hiring an attorney?
No. You have the right to remain silent and the right to counsel.
If you’ve been charged for DUI, DWAI, or DUID, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
Photo by Julia Avamotive