Driving Under the Influence and Driving While Ability Impaired, C.R.S. 42-4-1301, are both charged at the Larimer County Courts in Colorado when a person’s ability to drive is affected by alcohol, marijuana, and/or another substance. While the two offenses are charged under the same statute and are both misdemeanors, they are also charged based on different levels of intoxication. This generally makes DWAI a less severe offense than DUI. Whether you have been charged with DWAI or DUI, don’t wait, and contact a top DUI lawyer today to represent you at the Larimer Couty Courts.
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Blog Navigation: 1. Driving Under the Influence, C.R.S. 42-4-1301 in Fort Collins, CO 2. Larimer County Court Definition of Driving While Ability Impaired, C.R.S. 42-4-1301 |
1. Driving Under the Influence, C.R.S. 42-4-1301 in Fort Collins, CO
Driving Under the Influence, C.R.S. 42-4-1301, is defined as follows in Fort Collins, CO:
(f) “Driving under the influence” means driving a motor vehicle or 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.
2. Larimer County Court Definition of Driving While Ability Impaired, C.R.S. 42-4-1301
Similarly, the Larimer County Court definition of Driving While Ability Impaired, C.R.S. 42-4-1301, is:
(g) “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.
3. DUI vs. DWAI in Loveland and Estes Park
Both Driving Under the Influence / DUI and Driving While Ability Impaired / DWAI are charged in Loveland and Estes Park for driving while intoxicated due to alcohol, marijuana, and/or a controlled substance. One of the primary differences between these two charges is that DWAI is charged when that substance affects your ability to drive “to the slightest degree.” DUI is instead charged when your driving ability is far more substantially impaired. Additionally, if your BAC is between 0.05 and 0.08, you will be charged with DWAI, regardless of how badly impaired your ability to drive was. Similarly, a BAC over 0.08 will instead result in DUI charges, even if your ability to drive was not substantially impacted.
4. Penalties for DWAI vs. DUI in Larimer County
Finally, penalties for a conviction of DUI vs. DWAI also differ in Larimer County. See the table below:
| Driving While Ability Impaired / DWAI* |
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| Driving Under the Influence / DUI* |
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*First DUI or DWAI conviction. Additional penalties will result for subsequent convictions.
Have you been charged with Driving While Ability Impaired or Driving Under the Influence? Be smart, and exercise your right to stay silent. Do not talk to the Fort Collins Police or Larimer County Sheriff about your charges. Then get in contact with a top DUI lawyer with decades of experience at the O’Malley Law Office today by calling 970-658-0007. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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