DUI vs DWAI in Colorado

In Colorado, the device used to administer breathalyzer tests is the Intoxilyzer 5000. Blood tests are also administered to determine the amount of alcohol in someone’s system. The results from these tests determine the Blood Alcohol Content, or BAC.

If you are administered one of these tests and the results determine that your BAC is below 0.05, according to Colorado state law you are not impaired.

DWAI

If you are administered one of these tests and the results determine that your BAC is between 0.05 and 0.799, you are considered to be impaired by alcohol, and will be charged with Driving While Ability Impaired (DWAI).

The administrative and criminal penalties for your first DWAI can be 8 points on your license, and anywhere from 2-180 days in jail.

DUI

If you are administered one of these tests and the results determine that your BAC is 0.08 or above, you are considered to be under the influence of alcohol, and will be charged with Driving Under the Influence.

The administrative and criminal penalties for your first DUI can be a 9 month license suspension, 12 points on your license, and anywhere from 5 days to 1 year in jail.

If you are administered one of these tests and the results determine that your BAC is 0.17 or greater, or if this is not your first DUI offense, the penalties will be much greater.

Ann Toney’s Thorough DWAI and DUI Defense

Ann Toney is trained on the Intoxilyzer 5000 and DUI blood tests, and knows the science behind how they works. She is also certified in the Standardized Field Sobriety Test. She is able to determine if these tests were administered directly. Just because your results are above a 0.08 does not mean you have to be charged with DUI or have your license suspended. Let Ann Toney use her knowledge and nearly 30 years experience to help you.

If you are being charged with a DWAI or DUI call Ann Toney for a free consultation today.