Can You Get A DWAI In Colorado If You Were Barely Impaired?
In Colorado, you can be charged with DWAI even if you think you were only slightly impaired. Many people believe “driving while ability impaired” only applies when someone is clearly drunk, high, or driving dangerously, but Colorado law is broader. Police and prosecutors can file a DWAI case if they believe alcohol, marijuana, prescription medication, illegal drugs, or a mix of substances affected your driving, even just a little. We know this can be frustrating, especially if you were not swerving, slurring your speech, or in an accident. At Watkins Law Firm LLC, we help people in Boulder and the Denver area who are accused of DWAI, DUI, DUID, and other alcohol- or drug-related driving offenses.
Colorado’s DWAI Standard Is Lower Than DUI
Colorado DUI and DWAI charges are covered by C.R.S. § 42-4-1301. For a DUI, the prosecution claims you were unable to use clear judgment, physical control, or due care while driving. DWAI has a lower standard. In Colorado, DWAI means driving when alcohol, drugs, or both affected you even a little, making you less able than usual to use good judgment, control, or care while driving.
The phrase “slightest degree” is why DWAI cases can be filed even if the impairment seems minor. The prosecution does not need to prove you were very drunk or unable to drive. They may argue that things like slower reaction time, divided attention, poor judgment, red eyes, alcohol odor, unusual driving, or how you did on roadside tests show slight impairment.
DWAI Does Not Require A BAC Of 0.08
Many drivers believe they are safe from charges if their blood alcohol content is below 0.08, but that is not always the case in Colorado. A BAC of 0.08 or higher may lead to a DUI per se charge, but DWAI can be charged at lower levels if the officer thinks alcohol affected your driving.
In Colorado, impairment cases can be based on many types of evidence, not just your BAC. Even with a lower BAC, you can be accused of DWAI if police say there were signs of impairment. The same is true for drug cases. You can be accused of DUID or DWAI because of marijuana, prescription medication, or other substances, even if you felt fine and thought you could drive safely.
What Police Look For During A DWAI Stop
A DWAI case usually starts with a traffic stop for something like speeding, lane issues, a wide turn, slow reaction to a light, equipment problems, or another violation. After stopping you, the officer may look for signs like the smell of alcohol, red or watery eyes, slow speech, confusion, admitting to drinking or drug use, trouble finding documents, or trouble following instructions. as many people assume. Weather, lighting, uneven pavement, footwear, age, injuries, fatigue, anxiety, medical conditions, and poor instructions can all affect performance. We look carefully at body camera video, dash camera video, police reports, and testing procedures because a DWAI case may depend heavily on the officer’s interpretation of behavior that has innocent explanations.
DWAI Can Involve Marijuana Or Prescription Drugs
Colorado DWAI is not limited to alcohol. C.R.S. § 42-4-1301 covers alcohol, drugs, or a combination of both. That means a person can face DWAI or DUID allegations after using marijuana, prescription pain medication, sleep medication, anxiety medication, antidepressants, muscle relaxers, or other substances.
Drug-related DWAI cases can be tricky because having a drug in your system does not always mean you were impaired while driving. Some drugs can be found in your body even after their effects have worn off. Prescription medication can affect people in different ways, and you might be taking it exactly as your doctor said. We look at whether the evidence shows real impairment or if the accusation is just based on assumptions.
Penalties For DWAI In Colorado
DWAI is still a criminal charge. Under C.R.S. § 42-4-1307, a first DWAI conviction can involve jail exposure, fines, public service, alcohol or drug evaluation, treatment, probation, and court costs. Penalties increase when a person has prior DUI, DWAI, DUI per se, vehicular assault, vehicular homicide, or other qualifying alcohol- or drug-related driving convictions.
A DWAI conviction can also affect employment, insurance, professional licensing, school discipline, immigration status, and future sentencing. Even if the sentence does not include a long jail term, the record can create problems. Employers may treat DWAI as an impaired driving offense. Insurance rates can increase. Licensed professionals may have reporting obligations. For many clients, the outside consequences matter as much as the courtroom penalties.
Driver’s License Consequences And Express Consent
A DWAI arrest can also create driver’s license concerns. C.R.S. § 42-2-126 governs Colorado administrative license revocation for alcohol- and drug-related driving cases. The Colorado DMV explains that the criminal case and DMV case are separate, and a DMV revocation may remain in effect even if the criminal case is dismissed.
Colorado’s Express Consent law requires drivers to cooperate with chemical testing when an officer has reasonable grounds to believe the driver was under the influence of or impaired by alcohol, drugs, or both. The DMV states that refusing to cooperate with the chemical testing process can result in revocation of driving privileges under C.R.S. § 42-2-126. If you received an Express Consent Affidavit and Notice of Revocation, you should act quickly because hearing deadlines can be short.
Can A DWAI Charge Be Fought?
Yes. A DWAI charge can be fought. The fact that the legal standard is lower than that for DUI does not mean the prosecution automatically wins. The government must still prove that you drove or were in actual physical control of a vehicle and that alcohol, drugs, or both impaired your ability to drive to the slightest degree.
We may challenge things like whether the traffic stop was legal, the officer’s observations, roadside tests, breath and blood tests, drug recognition evidence, timing, chain of custody, medical reasons, and whether the facts really show impairment. Sometimes, the evidence can support a reduction, dismissal, DMV hearing defense, or trial defense. We do not just accept the officer’s opinion. We look at all the details and build your defense based on the evidence.
Why “Barely Impaired” Still Needs A Serious Defense
A person charged with DWAI may be tempted to think the case is minor because the accusation sounds less serious than DUI. That can be a costly mistake. DWAI is a criminal offense, and a conviction can follow you into future court cases, job applications, insurance reviews, licensing questions, and background checks.
A first DWAI can also become a prior offense if you are ever arrested again for DUI, DWAI, or DUI per se. That can increase future penalties. If you are a professional, parent, student, commercial driver, or someone who depends on a clean record, even a “slight impairment” case deserves careful defense work. We focus on protecting your record, license, career, and long-term future.
FAQs About DWAI Charges In Colorado
Can I Get A DWAI In Colorado If My BAC Was Under 0.08?
Yes. Colorado can charge DWAI even if your BAC was below 0.08. DUI per se is tied to a BAC of 0.08 or higher, but DWAI is based on whether alcohol, drugs, or both affected your ability to drive to the slightest degree. That means police may rely on driving behavior, roadside tests, statements, odor of alcohol, body camera video, and officer observations. A lower BAC can be important evidence for the defense, but it does not automatically end the case. We look at whether the prosecution can prove actual impairment, not just whether alcohol was present.
Is DWAI Less Serious Than DUI In Colorado?
DWAI is usually treated as a lower-level impaired driving offense than DUI, but it is still serious. A conviction can bring jail exposure, fines, public service, probation, treatment, court costs, insurance problems, employment issues, and future sentencing consequences. The main legal difference is the impairment standard. DUI requires proof that you were substantially incapable of safely operating a vehicle. DWAI requires proof that you were impaired to the slightest degree. Because that standard is lower, people can face DWAI charges even when they believe they were only slightly affected or not impaired at all.
Can Prescription Medication Cause A DWAI Charge?
Yes. Colorado DWAI law applies to alcohol, drugs, or a combination of both. Prescription medication can lead to a DWAI or DUID charge if police believe it affected your ability to drive safely. This can include pain medication, sleep aids, anxiety medication, muscle relaxers, and other prescriptions. Taking medication legally does not automatically protect you from a charge. Still, the prosecution must prove impairment. We examine dosage, timing, medical instructions, side effects, officer observations, toxicology evidence, and whether the alleged symptoms may have another explanation.
Can Marijuana Lead To A DWAI Charge In Colorado?
Yes. Marijuana can be part of a DWAI or DUID case in Colorado. The difficult issue is that marijuana evidence does not always line up neatly with impairment at the time of driving. THC can remain detectable after use, and tolerance, timing, method of consumption, and individual biology can affect how the evidence should be understood. Police may rely on odor, admissions, blood testing, driving behavior, roadside tests, or drug recognition observations. We review whether the evidence shows impairment or simply suggests prior marijuana use.
Can A DWAI Be Reduced Or Dismissed?
A DWAI can sometimes be reduced or dismissed, but it depends on the facts. Possible defense issues include an unlawful stop, weak driving evidence, unreliable roadside tests, medical conditions, poor police observations, breath or blood testing problems, chain-of-custody issues, or a lack of proof that you were impaired to the slightest degree. Some cases may be resolved through negotiation, while others may require litigation or trial. We evaluate the case carefully before advising a client about the best path forward.
Should I Fight A DWAI If It Is Only A “Minor” Charge?
Yes, you should take it seriously. DWAI may sound minor compared with DUI, but it is still a criminal charge. A conviction can affect your record, insurance, job, professional license, immigration status, and future sentencing if you are ever charged again. It can also create DMV consequences, especially if the case involved a chemical test issue or refusal. Fighting the charge does not always mean going to trial. It means reviewing the evidence, protecting your rights, and working for the best possible outcome.
Call Watkins Law Firm LLC For Help With A Colorado DWAI Charge
If you were charged with DWAI, DUI, DUID, or another impaired driving offense in Colorado, Watkins Law Firm LLC can help. We defend clients in Boulder and throughout the Denver area against alcohol-related and drug-related driving allegations. We understand that even a “barely impaired” allegation can threaten your license, job, record, and future.
Contact our Boulder DWAI lawyer by calling us 24/7 at 303-507-1324 for your free consultation. Our Boulder drug crime defense lawyer represents clients in Boulder and throughout the Denver area from our office locations in Boulder, Colorado.
