Driving after consuming alcohol or drugs can lead to serious criminal charges in Colorado. While many people are familiar with DUI charges, another common offense is DWAI or Driving While Ability Impaired.
In Larimer County, law enforcement agencies regularly investigate impaired driving cases throughout the county, including in Fort Collins, Loveland, Estes Park, and other surrounding communities. Even though DWAI is considered a less severe offense than DUI, it can still result in jail time, fines, license consequences, and a permanent criminal record. If you are facing these allegations, speaking with an experienced Larimer County criminal defense attorney can help you understand the charges and your legal options.
Fort Collins Drunk Driving Lawyer: What Is DWAI in Colorado?
Under Colorado law, DWAI (Driving While Ability Impaired) occurs when a driver’s ability to safely operate a vehicle is impaired to the slightest degree by alcohol, drugs, or a combination of both. This means the prosecution does not need to prove that a driver was completely incapable of driving safely. Instead, they only need to show that alcohol or drugs affected the driver’s ability even slightly.
A driver may be charged with DWAI when their blood alcohol concentration (BAC) is:
- 0.05% to 0.079%
Drivers may also face DWAI charges if they are allegedly impaired by marijuana, prescription medications, or other drugs. Because the standard for impairment is relatively low, these cases can be complex and often benefit from the help of a Larimer County DWAI defense lawyer.
DWAI vs. DUI in Colorado: What’s the Difference?
DWAI and DUI are closely related but have different legal standards.
DUI (Driving Under the Influence)
- BAC of 0.08% or higher
- Driver is substantially incapable of safely operating a vehicle
DWAI (Driving While Ability Impaired)
- BAC of 0.05% to 0.079%
- Driver’s ability is impaired to the slightest degree
Even though DWAI is technically a lesser offense than DUI, it is still treated as a serious criminal charge under Colorado law. A Loveland DWAI criminal defense lawyer can evaluate the evidence and determine whether the prosecution can prove impairment.
Penalties for a DWAI Conviction in Loveland and Estes Park, Colorado
Penalties for DWAI depend on whether it is a first offense or if the driver has prior alcohol-related driving convictions.
First DWAI Offense
Possible penalties may include:
- 2 to 180 days in jail
- Fines between $200 and $500
- 24 to 48 hours of community service
- 8 points added to your Colorado driver’s license
Unlike a DUI conviction, a first DWAI offense typically does not result in automatic license suspension, but the eight points added to a driver’s record can still affect driving privileges.
Second DWAI Offense
A second DWAI conviction carries increased penalties:
- 10 days to 1 year in jail
- Fines between $600 and $1,500
- 48 to 120 hours of community service
- Possible alcohol education or treatment programs
Repeat offenses can significantly increase the risk of jail time.
Third or Subsequent DWAI Offense
For drivers with multiple prior alcohol-related driving convictions, penalties can become more severe.
Potential consequences may include:
- 60 days to 1 year in jail
- Higher fines and community service requirements
- Mandatory alcohol treatment programs
If a person has three or more prior DUI-related convictions, a new offense may be charged as a felony DUI under Colorado law.
How DWAI Charges Often Begin in Larimer County
DWAI investigations frequently begin with a traffic stop by law enforcement.
Common reasons for a stop may include:
- Alleged lane violations or weaving
- Speeding or other traffic infractions
- Accidents or roadside safety checks
Officers may then conduct:
- Field sobriety tests
- Breathalyzer testing
- Drug recognition evaluations
Law enforcement agencies that regularly investigate impaired driving cases in Larimer County include:
- Larimer County Sheriff’s Office
- Fort Collins Police Services
- Loveland Police Department
- Estes Park Police Department
- Colorado State Patrol
If an officer believes alcohol or drugs impaired the driver, they may issue a citation or make an arrest for DWAI or DUI.
Why You Should Speak with a Larimer County Criminal Defense Lawyer
Even though DWAI is often considered less serious than DUI, it can still result in jail time, fines, and long-term consequences for your criminal record and driving privileges.
An experienced Larimer County DWAI defense lawyer can help by:
- Reviewing police reports and chemical test results
- Identifying weaknesses in the prosecution’s case
- Negotiating with prosecutors when appropriate
- Representing you in court
Early legal guidance can make a significant difference in the outcome of a criminal case.
Facing DWAI Charges in Larimer County?
If you were arrested or charged with DWAI in Fort Collins, Loveland, Estes Park, Berthoud, Wellington, Timnath, Laporte, Bellvue, or other Larimer County communities, it is important to understand your rights and legal options. Call O’Malley Law Office today to speak with a knowledgeable Larimer County criminal defense attorney at 970-658-0007. Together, we can protect your future.
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