Getting pulled over for suspected impaired driving is a stressful experience and the legal consequences in Fort Collins and Loveland, Colorado can be serious, even if it’s your first offense. At O’Malley Law Office, we defend people charged with DUI and DWAI throughout Colorado and work hard to protect their rights, driving privileges, and futures.
Here’s what you need to know if you’re facing these charges.
What Is the Difference Between DUI and DWAI in Colorado? A Loveland DUI Attorney Explains
Colorado law recognizes two main types of alcohol-related driving offenses:
DUI (Driving Under the Influence)
- Applies when your BAC (Blood Alcohol Content) is 0.08% or higher,
- OR when you are substantially incapable of safely operating a vehicle due to alcohol, drugs, or both.
- This includes marijuana, prescription medications, and illegal drugs.
DWAI (Driving While Ability Impaired)
- Applies when your BAC is between 0.05% and 0.079%,
- OR when alcohol or drugs have even slightly impaired your ability to drive safely.
DWAI is considered a lesser offense than DUI, but both can have significant consequences — and both stay on your criminal record.
What Are the Penalties for DUI and DWAI in Estes Park, Colorado?
Penalties increase with each subsequent offense and can include:
First DWAI Offense:
- Up to 180 days in jail,
- Up to $500 in fines,
- 8 points on your driving record,
- Community service (24 to 48 hours),
- No automatic license suspension (unless other factors apply).
First DUI Offense:
- Up to 1 year in the Larimer County Jail,
- Up to $1,000 in fines,
- 9-month license suspension,
- 12 points on your license (leading to revocation),
- Alcohol education/treatment classes,
- Installation of an ignition interlock device (IID).
Repeat Offenses (DUI or DWAI):
- Mandatory jail time,
- Longer license revocation periods,
- Higher fines and community service requirements,
- Habitual traffic offender designation,
- Felony DUI charges after a fourth offense.
Even a first offense can dramatically affect your life, from higher insurance premiums and job loss to permanent marks on your criminal record.
Understanding the DMV vs. Criminal DUI/DWAI Process in Colorado
In Colorado, a DUI or DWAI triggers two separate legal proceedings:
- Criminal Case: Handled in court, this determines guilt and penalties.
- Administrative DMV Hearing: Determines whether your license will be suspended and it often happens before your court case.
You only have 7 days from your arrest to request a DMV hearing. If you miss this deadline, your license will be automatically revoked.
If you or someone you love has 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 to schedule a free initial consultation. Together, we can protect your future.
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