Driving While Ability Impaired (DWAI)

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  9. Driving While Ability Impaired (DWAI)
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A person commits the crime of Driving While Ability Impaired, an unclassified misdemeanor, when that person:

      1. drives,
      2. a motor vehicle or vehicle,
      3. while impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs.

§ 42-4-1301(1)(b).

The key difference between DWAI and DUI is the degree of impairment. DUI requires proof the defendant drove “under the influence” while DWAI requires only that the defendant drove “while impaired.”

“Ability Impaired”

“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.

§ 42-4-1301(1)(g).

“To the slightest degree” is the key language here that you will want to emphasize to the jury. Any impairment, however slight, while driving is sufficient to convict a defendant of DWAI.

There is no charge of “Driving While Ability Impaired Per Se.”

First-Offense Sentencing

Punishment Range Discretionary Caveats
Jail 2 days – 180 days No May be suspended upon completion of an alcohol and drug evaluation created pursuant to § 42-4-1301.3 and any treatment recommended by it.
Fine $200 – $500 Yes  
Useful Public Service 24 – 48 hours No  
Probation Up to 2 years Yes  

§ 42-4-1307(4).

If BAC > .2 while Driving or within 2 Hours of Driving

Punishment Range Discretionary Caveats
Jail 10 days – 1 year No Jail alternatives permitted pursuant to § 18-1.3-106
Fine $200 – $500 Yes  
Useful Public Service 24 – 48 hours No  
Probation Up to 2 years Yes  

§ 42-4-1307(4), (4)(b).

Resources

Colorado Resources

Impaired Driving Penalties

Example DUI Rule 11