DWAI in Colorado (Driving While Ability Impaired)

In Colorado, you don’t have to be “falling down drunk” to face serious charges. DWAI (Driving While Ability Impaired) means operating a vehicle after consuming alcohol, drugs, or both to the point where your ability to drive is affected even to the slightest degree.

That’s a much lower standard than DUI, but the consequences can still be severe.

The Difference Between DUI and DWAI

• DWAI applies when your BAC is between 0.05% and 0.079% (or when drugs impair you slightly).
• DUI applies when your BAC is 0.08% or higher or when you are substantially incapable of driving safely.
• Importantly, DWAI is treated as a lesser-included offense of DUI — meaning someone may be charged with both, but cannot be convicted of both for the same incident.

DWAI Penalties in Colorado

Even a first-time DWAI carries real consequences, including:

• Jail time (up to 180 days)
• Probation and community service
• Fines and court costs
• Mandatory alcohol education and therapy
• Points against your driver’s license
• Higher insurance premiums and possible job consequences

Subsequent DWAI convictions (2nd, 3rd, or more) bring harsher penalties — and can contribute to a Felony DUI if you reach a 4th lifetime offense.

Why You Need a DWAI Defense Lawyer

Prosecutors often treat DWAI cases as “easy wins” — the science seems simple, and the law favors the state. But in reality:

• Breath and blood tests are not always accurate.
• Officers often make mistakes in roadside testing or observations.
• There may be valid defenses that challenge both the stop and the evidence.

I have over 20 years of experience defending clients against DUI and DWAI charges across Adams, Arapahoe, Jefferson, Weld, and Denver. I know how to challenge the state’s case, protect your license, and minimize the impact on your future.

Call Me Today

If you’ve been charged with DWAI in Colorado, don’t take it lightly. The penalties are real, and the charge can follow you for life.

Call me directly at 303-355-5148 for a free consultation. You’ll speak with me, Monte Robbins — not a junior associate or call screener.