In Colorado a DWAI (Driving With Ability Impaired) occurs when your blood alcohol content (BAC) is at least 0.05%, but less than 0.08%. For a driver who is under 21 years of age, the BAC limit is 0.02 percent. If you have been arrested for a DWAI in Colorado you have seven days to request a hearing. The hearing must be scheduled to take place within 60 days. You can expect to receive notice of the date of your hearing within three weeks of your request. If your license was valid at the time of your arrest, you will be provided with a temporary driver’s license until the time of your hearing.
DWAI Penalties in Colorado
If you have been charged with a DWAI in Colorado, you may face the following fines and penalties:
• 1st Offence: Jail for up to 180 days. Up to $500 fines and penalties.
• 2nd Offence: Jail for up to one year. Up to $1,500 fines and penalties. One year license suspension. An Interlock Ignition Device (IID) is required.
• 3rd Offence: Jail for up to one year. Up to $1,000 fines and penalties. One year license suspension. An IID is required.
If you are charged with a DWAI and you have a previous DUI, you may face 60 days to one year in jail, fines and penalties between $800 to $1,200, and public service between 52 to 104 hours. Remember, Colorado has no look back period. This means that if you have previous DWAI/DUIs they all count no matter how long ago they occurred.
If you plead guilty or are found guilty of DWAI, you will be unable to obtain a probationary driver’s license (also known as a red license). If you are required to have an IID attached to your vehicle to prevent you from starting the car when you have been drinking alcohol, it may have to remain there for a period of four months to five years. The length of time will depend on the severity of your DWAI.
Here at The Bussey Law Firm, P.C. our experienced Colorado DWAI lawyers are dedicated to presenting a strong defense that can help you achieve the best possible outcome. Call us today for a free and confidential consultation and find out how we can help. We can be reached at (719) 475-2555.