What does Driving While Ability Impaired (DWAI) mean?

• It is not illegal to drive after drinking in Colorado. However, it is illegal to drive after you are either impaired or under the influence of alcohol, drugs, or both alcohol and drugs.

• Driving While Ability Impaired is when a person drives while they are impaired, even to the slightest degree, with regard to exercising good and clear judgment and physical control of the vehicle and can no longer safely operate the vehicle due to their consuming alcohol, drugs, or both alcohol and drugs.

• Driving While Ability Impaired is a Misdemeanor charge, unless there are three prior alcohol/drug related charges (DUI, DUI per se, DWAI, or Vehicular Homicide). A fourth DUI is considered a Class 4 Felony.

• Penalties for DWAI in Colorado always include probation in most all jurisdictions, even when not statutorily required. A conviction to a DWAI can also include a mandatory jail sentence and jail from 2 days to 1 year, Level II Drug/Alcohol Education and Treatment, a fine of up to $500 for a first DUI and $1,500 for a second or subsequent DUI, and Public Service between 24 - 48 hours for a first DWAI and up to 120 hours for a subsequent DWAI.

• If charged as a Class 4 felony, the penalties can include up to 6 years in the Department of Corrections and a fine of up to $500,000.

• There are also DMV concerns with being charged with a DWAI, which often result in a person’s driver’s license being revoked for up to 12 months or longer for a second or subsequent DWAI.

C.R.S. 42-4-1301 - Driving While Ability Impaired

(1)

(b) A person who drives a motor vehicle or vehicle while impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs, commits driving while ability impaired. Driving while ability impaired is a misdemeanor, but it is a class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1)(b); vehicular assault, as described in section 18-3-205 (1)(b); or any combination thereof…

(g) “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 to the 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.