You’ve been pulled over on I-25 near Loveland, and the officer charges you with “DUI.” Later, your friend tells you they once got a “DWI” in Fort Collins, and it was supposedly less serious. So now you’re wondering: what’s the difference between DUI and DWI in Colorado? Are they the same thing here? Which charge is worse?
You’re not alone if these terms confuse you or a loved one. DUI and DWI (DWAI, to be exact) are serious charges, but they carry different legal thresholds and consequences. Below, we explain each term’s meaning, how they differ, and why the distinction matters to your case.
What’s the Actual Difference Between DUI vs. DWI?
Colorado doesn’t use the term driving while intoxicated (DWI) in the traditional sense. Instead, the state separates impaired driving charges into two main categories:
- Driving under the influence (DUI). This charge applies when a person is substantially incapable of safely operating a vehicle due to alcohol, drugs, or both. A blood alcohol content (BAC) of 0.08% or higher creates a legal presumption of DUI.
- Driving while ability impaired (DWAI). The charge applies when a driver’s ability is impaired even slightly, making them less capable of driving than they ordinarily would be. It usually applies to a BAC as low as 0.05% but under 0.08%.
Both charges fall under the same statute, but they are treated differently in terms of penalties and potential defenses. When discussing DWAI and DUI in Colorado, people typically focus on the different levels of impairment required for each offense.
Colorado-Specific Considerations
Colorado’s “express consent law” means you agree to submit to chemical testing just by driving. Refusing a test can lead to automatic license revocation and may be used against you in court.
In Larimer County, for example, prosecutors often view test refusals unfavorably. Declining a test, having prior offenses, or displaying signs of drug impairment can escalate even a DWAI charge.
Determining Your Actual Charge: How to Know What You’re Charged With
Whether you’re charged with DUI or DWAI depends on a combination of factors, including:
- Your BAC,
- Your behavior during the stop, and
- The officer’s observations.
If your BAC is 0.08% or higher, prosecutors will typically pursue a DUI charge. Even if you seem in control, the law presumes you’re too impaired to drive safely at that level.
A BAC between 0.05% and 0.08% could land you a DWAI instead, if officers believe you were impaired just enough to impact your ability to drive, such as stumbling during a roadside test or slurring your speech. First-time offenders may be charged with DWAI in borderline cases, but that’s not guaranteed.
Consequences of Refusing a Chemical Test
You can also be charged with DUI if you refuse a chemical test altogether. Under state law, refusal often works against you and may lead prosecutors to pursue the more serious offense. A skilled defense attorney can step in early, review the facts, and advocate for a reduction where appropriate, especially in cases involving borderline BAC levels or procedural issues.
DWI vs. DUI Colorado: Which Is Worse?
The consequences for a first-time DUI are more severe than for a first-time DWAI, but both carry criminal penalties that can follow you long after the case is over.
A DUI conviction can lead to:
- Up to 1 year in jail,
- Fines between $600 and $1,000,
- Mandatory 9-month license revocation,
- Possible alcohol education or therapy, and
- Up to 96 hours of community service.
A first-time DWAI brings lighter penalties than DUI, but the impact can still be serious. These penalties include:
- Up to 180 days in jail,
- Fines from $200 to $500, and
- Possible probation and alcohol education.
The main difference with a DWAI is that the state won’t automatically revoke your license. Instead, the DMV assigns eight points to your driving record, which can still lead to suspension if you’ve accumulated other violations.
Although DWAI is treated as the lesser charge, it’s still a misdemeanor. Repeat convictions bring harsher penalties that often resemble those for DUI. So, if you’re asking, DWI vs. DUI, which is worse, DUI carries steeper penalties, but both can linger on background checks and insurance reports..
Consequences of a DWI vs. DUI in Colorado
Both DUI and DWAI can have ripple effects beyond the courtroom, including:
- Insurance premiums. Both DUI and DWAI result in high-risk designations and rate hikes.
- Criminal record. Both are misdemeanors and stay on your record unless sealed.
- License consequences. DUI leads to revocation, while DWAI adds eight points to your license, which can still trigger suspension.
- Job and professional impact. Each can affect employment, background checks, and professional licensing.
Whether it’s DUI or DWAI, the consequences don’t stop at sentencing. They can follow you in your job search, insurance costs, and community standing. That’s why early legal intervention can make all the difference.
How Can a Good DUI Lawyer Help You?
If you’re unsure how to respond to your charges, this is where legal representation becomes essential. An effective DUI lawyer can:
- Investigate whether the traffic stop and arrest were lawful;
- Review chemical test procedures and calibration logs;
- Represent you at your DMV hearing to protect your license;
- Negotiate for charge reductions, such as DUI to DWAI; and
- Fight for dismissal if your constitutional rights were violated.
Colorado courts treat both DUI and DWAI with urgency, but with the right strategy, it’s possible to reduce the impact or even avoid conviction altogether.
Strategic Legal Representation Rooted in Local Knowledge
At The Harrell Law Firm, PLLC, DUI and DWAI cases aren’t just part of our practice. They’re a focus of our day-to-day defense work. Sean Harrell brings 14 years of trial experience, including time as a prosecutor. He applies it with precision to impaired driving cases.
Based in Loveland, we’ve helped clients across Larimer, Boulder, and Weld Counties challenge roadside tests, chemical evidence, and even improper traffic stops. Whether you’re facing a borderline DWAI or a high-stakes DUI, we bring individualized strategy and strong courtroom preparation to every case.
Don’t Let Confusion Lead to Conviction
Whether your charge is DUI or DWAI, the outcome often hinges on how soon you take the proper steps with the right support. The strongest defenses begin with knowledge, timing, and an effective legal strategy. The sooner you take action, the more options you may have. Contact us today to see how we can help you with your DUI or DWAI case.
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