What Are the Differences Between DUI and DWAI Charges?
Jan. 1, 2026
Facing a DUI or DWAI accusation can leave you feeling overwhelmed, shaken, and unsure about your future. These charges often come with fear, embarrassment, and the heavy worry that one mistake could alter your life.
If you’re dealing with this kind of stress, you deserve clear information about what you’re up against and what options may be available to you. In Boulder, Colorado, and across nearby counties such as Grand, Broomfield, Larimer, Jefferson, and Gilpin, you can turn to me at Watkins Law Firm LLC for guidance.
When you come to me, you’ll likely want to know the exact difference between DUI and DWAI charges and what those differences mean for your situation. I’m here to give you clarity so you can take informed steps forward. Reach out to me today if you need support.
What Does a DUI Charge Mean for You?
A DUI (Driving Under the Influence) charge applies when law enforcement believes alcohol, drugs, or a combination of both impair your driving. It's a serious charge because it shows a level of impairment that may put others at significant risk.
To be charged with a DUI, your blood alcohol concentration (BAC) generally must be 0.08% or higher, though you could still face a DUI if drugs—prescription, recreational, or otherwise—are affecting your driving. You might wonder what specific behaviors or circumstances can make an officer suspect impairment. While every case is different, the following signs often trigger a DUI stop:
Swerving or weaving
Driving significantly under the speed limit
Abrupt braking
Failure to stay in one lane
Ignoring signals or traffic signs
A DUI conviction can carry serious consequences, including license revocation, fines, possible jail time, probation, community service, and mandatory alcohol education programs. Keep in mind that DUI is considered the more severe charge compared to DWAI, which can affect how your case unfolds.
What Does a DWAI Charge Mean for You?
A DWAI (Driving While Ability Impaired) charge is specific to Colorado and applies when your abilities are affected to even a slight degree by alcohol or drugs. The standard is lower than what’s required for a DUI, which surprises many people. You could face a DWAI charge with a BAC as low as 0.05%.
Prosecutors usually file a DWAI charge if they believe you were impaired but not to the level required for a full DUI. Even though DWAI is a lesser offense, it still carries penalties that can impact your record and daily life. Some situations that could lead to a DWAI charge, even if you feel sober, include:
Minor signs of drifting or inconsistent steering
Slight delays in responding to signals
The smell of alcohol during a stop
Mild difficulty performing roadside tests
Admission of drinking or taking certain medications
It’s important to remember that DWAI isn’t “no big deal.” Even though it’s less severe than DUI, it’s still a criminal charge and should be treated seriously.
Differences Between a DUI and DWAI
DUI and DWAI charges both involve impaired driving, but the differences between the two can affect how your case is handled and what penalties might apply. When you come to me, you’ll likely want to know how these charges differ and what that means for you. Here are the most important distinctions:
Level of impairment: DUI requires a higher level of impairment; DWAI requires only slight impairment.
BAC thresholds: DUI generally applies at 0.08% or higher; DWAI can apply starting at 0.05%.
Penalties: DUI penalties are usually harsher, with longer license suspensions and higher fines.
Impact on your record: Both create a criminal record, but DUI convictions tend to affect future court outcomes more heavily.
Likelihood of jail time: Jail exposure is usually greater for DUI compared to DWAI.
These distinctions are more than just technical. They influence your options, potential outcomes, and strategy. Even small differences in charges can make a big impact on your case, which is why it helps to speak with a lawyer as soon as possible.
How Does Law Enforcement Decide Which Charge to File?
You might be wondering how an officer decides whether to charge you with a DUI or DWAI. BAC is a major factor, but it’s not the only one. Officers consider observations, roadside tests, and chemical tests to form an opinion about your impairment.
It’s important to understand that officers can file charges even if you feel you performed well during a stop. Colorado law allows officers broad discretion during these encounters. Methods officers commonly use to evaluate impairment include:
Driving observations: Swerving, drifting, inconsistent speed, or delayed reactions
Field sobriety tests: Balance tests, coordination checks, and eye-tracking evaluations
Behavioral observations: Speech clarity, attitude, coordination, and overall appearance
Breath or blood tests: Chemical tests measuring BAC or the presence of drugs
Statements from you: Admissions of drinking or drug use, even if minimal
Keep in mind that roadside testing isn’t always perfect. Officers and devices can make mistakes, and physical conditions unrelated to alcohol or drugs can affect your performance. That’s where having legal support can make a real difference.
Steps to Take If You’re Facing a DUI or DWAI
If you’re facing a DUI or DWAI charge, it’s crucial to take the matter seriously. Early steps often shape the rest of your case, and acting promptly can help protect your options. When clients reach out to me, they usually want guidance on what they should do first. Here are practical steps you can take:
Write down what happened: Record every detail you remember from the stop.
Keep track of paperwork: Save court notices, license information, and test results.
Avoid discussing the case: Don’t talk about the incident with friends, family, or online.
Look into possible defenses: Testing errors, medical conditions, or procedural issues may matter.
Speak with an experienced defense lawyer promptly: I can help you understand your rights and what to expect.
Remember, you don’t have to face this alone. It’s normal to feel anxious, but with support, you can regain a sense of control and make informed decisions about your case.
Contact a Skilled Lawyer to Discuss Your Case
A DUI or DWAI charge can have long-lasting effects, but you don’t have to handle it without guidance. In Boulder and surrounding areas, including Grand, Broomfield, Larimer, Jefferson, and Gilpin Counties, you can reach out to me at Watkins Law Firm LLC for help. My goal is to help you understand your options, protect your rights, and pursue the best outcome for your situation. Reach out to me today so you can start getting the support you need.