DUI vs. DWAI in Colorado: What’s the Difference?

Colorado is unusual in charging two distinct impaired driving offenses rather than one. People are often surprised to learn which one they are facing, and why.

The two offenses

DWAI — driving while ability impaired. The state must show that alcohol or drugs affected you to the slightest degree, so that you were less able than usual to exercise clear judgment and due care. It is the lesser offense, and the threshold is lower than most people expect.

DUI — driving under the influence. The state must show that you were substantially incapable of safely operating a vehicle.

Chemical evidence interacts with these differently. A blood alcohol result at or above 0.08 supports a DUI. Results in the 0.05 to 0.08 range support a DWAI. Below 0.05, the presumption runs in the driver’s favor — though that presumption can be rebutted, and drugs complicate the picture considerably.

Why the distinction matters

DWAI generally carries lighter consequences than DUI, and the license exposure differs as well. But “lighter” is doing a lot of work in that sentence: both are criminal charges, both create a record, and both can carry jail, fines, useful public service, and alcohol education. Prior offenses escalate the exposure substantially, and a fourth impaired driving offense in Colorado is a felony.

Two cases, not one

An impaired driving arrest starts two separate proceedings:

1. The criminal case, in court. 2. An administrative license case, with the Division of Motor Vehicles.

The DMV case runs on its own clock and its own rules, and the window to request a hearing is short. Missing it can cost you your license regardless of how the criminal case turns out. This is the single most common avoidable loss we see.

Express consent

Driving in Colorado carries an implied agreement to submit to chemical testing when an officer has probable cause. Refusing has its own license consequences and can be used against you — but the lawfulness of the stop, the basis for the request, and how the test was administered are all open questions rather than settled facts.

Where defenses actually live

Rarely in a single dramatic point, and usually in the details: whether the stop was lawful, whether roadside maneuvers were administered and interpreted correctly, whether the testing instrument was maintained and calibrated, whether the sample was handled properly, and whether the timeline supports the state’s theory of what your level was while driving rather than an hour later.

Those questions require the underlying records, and the records have to be requested. Early involvement is what makes that possible.

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This article is general information about Colorado law, not legal advice, and reading it does not create an attorney-client relationship. Penalties depend on prior history and the specific facts. Speak with an attorney about your case.