In the state of Colorado, a person who has ingested substances that adversely affects ability to drive may be charged in court. The exact offense will depend on the gravity of the situation as seen from the evidence. The biggest factor is the blood alcohol level as measured using a blood test or a breath test. Law enforcers typically use the latter on the ground but people can get a more accurate blood test to refute the unflattering results of a breath test. BAC readings between 0.05 and 0.08 are enough to merit the initiation of DWAI charges. Higher readings can result in DUI charges.
Colorado DWAI Penalties
If a person is found guilty of Driving with Ability Impaired, then he or she will have to face the consequences as prescribed by law. First offenders are treated with as much leniency as possible while ensuring that they learn from their mistakes. They may be asked to pay a fine no greater than $500 and render useful services to the community for up to 48 hours in total. Imprisonment is possible with the shortest stay being 48 hours and the longest being 180 days. At this point, the license will not be suspended and jail time may be evaded through enrollment in an alcohol treatment program.
If the person is a repeat offender, then the courts will not be as kind given the perceived inability to stick to the rules and learn from mistakes. Every penalty will be amplified to a level that is on par with a DUI conviction. Fines can reach up to $1,500 and community service can take as much as 96 hours. The prison sentence could be as long as one year just because of the bad decision to drive after drinking. The judge may even ask for an ignition interlock device to be installed at the offender’s own expense.
Convictions that were handed down in other states count when looking at repeat offenses. A BAC reading that is 0.20 or higher can also result in more serious penalties. Be sure to consult a lawyer if you are facing DWAI charges in order to build a strong defense.
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