Driving Under the Influence or Driving While Ability Impaired - Alcohol (DUI/DWAI)

Colorado has some very severe laws against driving under the influence. Even for a first offense you can face up to a year in jail and revocation of your driver's license. It is vital to have strong legal representation at every stage of the process. Whether you were just pulled over last night or you're headed to court in a couple days it is important to know your rights and your options.

 

What is a DUI in Colorado?

 

“Driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

 

What is a DWAI in Colorado?

 

“Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person tot he slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

 

What is a DUI Per Se (aka Driving with Excessive Alcohol Content) in Colorado?

 

That a person drove a motor vehicle or vehicle and that at the time of driving, or within two hours after driving he or she had a blood or breath alcohol content of 0.08.

 

Can I be charged with DUI, DUI Per Se, and/or DWAI for the same event?

 

Yes, prosecutors can proceed on all three charges in the same case. Typically those charges would merge if you were convicted of more than one, resulting in a single punishment.