What Is DWAI in Colorado?
Driving While Ability Impaired (DWAI) is a serious offense in the state of Colorado. It refers to operating a motor vehicle when your ability to do so is impaired due to the consumption of alcohol, drugs, or a combination of both. DWAI is a lesser offense than Driving Under the Influence (DUI), but it still carries significant penalties and consequences. Understanding DWAI and its implications is crucial to ensure the safety of all road users in Colorado.
DWAI Laws in Colorado:
In Colorado, DWAI is covered under the state’s Driving Under the Influence (DUI) laws. The legal limit for blood alcohol concentration (BAC) in Colorado is 0.08% for adults and 0.02% for drivers under the age of 21. However, if your BAC is between 0.05% and 0.08%, you can be charged with DWAI, even if you do not meet the criteria for DUI.
Penalties for DWAI:
The penalties for a DWAI conviction in Colorado vary depending on several factors, including your BAC level, prior convictions, and the specific circumstances of the offense. However, some common penalties include:
1. First Offense: A first-time DWAI offense can result in up to 180 days in jail, fines of up to $1,500, community service, probation, and mandatory alcohol education programs.
2. Second Offense: A second DWAI offense carries more severe penalties, including up to one year in jail, fines of up to $1,500, community service, probation, mandatory alcohol education programs, and the installation of an ignition interlock device.
3. Third Offense: A third DWAI offense is considered a misdemeanor, with penalties including up to one year in jail, fines of up to $1,500, community service, probation, mandatory alcohol education programs, and the installation of an ignition interlock device.
FAQs about DWAI in Colorado:
1. Can I refuse a chemical test if I am suspected of DWAI?
No, Colorado has an “implied consent” law, which means that by driving on the state’s roads, you have already given your consent to submit to a chemical test if law enforcement has reasonable grounds to suspect impairment.
2. Are there any alternatives to jail time for a DWAI conviction?
Colorado offers alternatives to jail time, such as work release programs, electronic home monitoring, and probation. However, these alternatives are subject to the discretion of the court and may not be available for every case.
3. Will a DWAI conviction result in the suspension of my driver’s license?
Yes, a DWAI conviction will result in the suspension of your driver’s license. The length of the suspension depends on the number of prior offenses and other factors. However, you may be eligible for a restricted driver’s license, allowing you limited driving privileges.
4. Can I get a DWAI conviction expunged from my record?
No, in Colorado, DWAI convictions cannot be expunged from your criminal record. It will remain on your record permanently, which may have long-term consequences for future employment and other opportunities.
5. Can I challenge the results of a chemical test?
Yes, you have the right to challenge the results of a chemical test. However, doing so requires the assistance of an experienced attorney who can review the circumstances of the test and determine if any errors were made.
6. Can I face both DWAI and DUI charges for the same offense?
No, you cannot be charged with both DWAI and DUI for the same offense. However, if your BAC is above 0.08%, you may be charged with DUI instead of DWAI.
7. Can I refuse a field sobriety test?
Yes, you have the right to refuse a field sobriety test. However, refusing a field sobriety test may result in other consequences, such as the officer considering it as evidence of impairment.
In conclusion, DWAI in Colorado refers to operating a motor vehicle while impaired due to alcohol, drugs, or a combination of both. It is a serious offense with significant penalties, including jail time, fines, probation, and mandatory alcohol education programs. Understanding the laws and consequences associated with DWAI is crucial for all Colorado drivers to ensure the safety of themselves and others on the road.