DUI
DUI stands for "driving under the influence." It is a crime to drive a vehicle in Colorado while under the influence of alcohol or drugs or both. Driving under the influence is determined by blood alcohol content (BAC) with a limit that is set at 0.08. Anyone found to be driving with a BAC at 0.08 or higher may be arrested for driving under the influence.
DWAI, which stands for "driving while ability impaired," is very similar to a DUI but is set at a lower blood alcohol content of 0.05. Under Colorado statutes, a DWAI signifies that the person is driving after having consumed enough alcohol, drugs or a combination of both that the person has a lessened ability to function mentally or physically. The BAC level at 0.05 has been adjudicated to be a level where the normal ability to exercise clear judgment and control has been affected.
When a police officer pulls over a driver suspected of DUI or DWAI, the officer may submit the driver to field sobriety tests, such as standing on one foot for a few seconds, walking a straight line, reciting the alphabet, or blowing into a breath meter. Under Colorado state law, "it is a misdemeanor for any person to drive any vehicle in this state when the person's BAC is 0.08 or more at the time of driving or within two hours after driving."
These are the penalties for conviction of DUI and DWAI as posted by the Colorado Department of Transportation:
Criminal Penalties in Colorado for Drinking and Driving
| Offense | Jail Term | Fine | Public Service Work | Driver's License |
| First DUI | 5 days-1 year | $300-1,000 | 48-96 hours | 1 year suspension |
| Second DUI in 5 years | 90 days-1 year | $500-1,500 | 60-120 hours | 1 year revocation |
| First DWAI | 2-180 days | $100-500 | 13-48 hours | 1 year revocation |
| Second DWAI in 5 years | 45 days-1 year | $300-1000 | 48-96 hours | 1 year revocation |
| DWAI with prior DUI in 5 years | 60 days-1 year | $400-1200 | 52-104 hours | 1 year revocation |
| DUI with prior DWAI in 5 years | 70 days-1 year | $450-1,500 | 56-112 hours | 1 year revocation |
Questions often arise regarding whether the driver should submit to a blood alcohol or other tests requested by officials when pulled over for a DUI or DWAI. The fact that there was a refusal to take tests may be entered as evidence during trial and refusal is not viewed as a privilege against self-incrimination.
If your driver's license is suspended or revoked, a probationary license may be granted during the suspension or revocation period for the purpose of driving to and from work.
See examples of Colorado DUI and DWAI casework Patrick Mulligan has successfully litigated here.
To find out how Patrick Mulligan can help you with your Colorado DUI or DWAI case, go here or call (303) 860-8100.
