If you’ve been pulled over in Larimer County on suspicion of impaired driving, Colorado law gives officers two possible charges and understanding the difference matters.
Fort Collins Driving Under the Influence Attorney: DUI vs. DWAI in Larimer County
Colorado recognizes two levels of impaired driving. A DUI (Driving Under the Influence) applies when a driver is substantially incapable of operating a vehicle safely due to alcohol, drugs, or both. A blood alcohol content (BAC) of 0.08% or higher creates a presumption of DUI.
A DWAI (Driving While Ability Impaired) is a lesser charge, applicable when a driver’s ability is impaired “to the slightest degree” even if not substantially. DWAI typically applies at a BAC between 0.05% and 0.08%, though it can be charged based on observed impairment alone, regardless of BAC.
While DWAI is often seen as the lesser offense, it’s still a criminal charge in Colorado, carrying fines, potential jail time, license points, and a permanent record.
Lawyer for DWAI Charges in Loveland: Colorado’s Express Consent Law
Colorado is an “express consent” state. Under C.R.S. § 42-4-1301.1, anyone who drives on Colorado roads has already agreed, by virtue of holding a license, to submit to chemical testing (breath or blood) if lawfully arrested for suspected impaired driving.
Refusing this test carries serious consequences separate from the criminal case itself. A refusal typically triggers an automatic driver’s license revocation through the Colorado DMV, and prosecutors can use the refusal as evidence of guilt in court. Unlike the criminal case, license revocation for refusal proceeds through an administrative hearing, which is a separate track with its own strict deadlines.
Charged with DUI or DWAI in Loveland or Estes Park? Why Local Knowledge Matters
Larimer County, including Fort Collins, Loveland, and surrounding areas, has its own local courts, prosecutors, and law enforcement practices. DUI and DWAI cases here move through the Larimer County Justice Center, and outcomes can be shaped by local charging patterns and court procedures. If you’re facing a DUI or DWAI charge in Fort Collins or elsewhere in Larimer County, understanding these laws and the administrative deadlines tied to express consent is the first step toward protecting your license and your record.
If you’ve been charged with DUI or DWAI, 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 for a consultation. Together, we can protect your future.
Photo by Los Muertos Crew