In Colorado, you can face charges even if you are 21 or older and your BAC is under the 0.08 percent threshold that normally signals a DUI charge. These “lesser” charges are DWAI charges, or driving while ability impaired charges. If you are facing such an offense, you may wonder if DWAIs are criminal charges or if they are more like traffic tickets that do not show up on a criminal history.
The answer is that DWAIs are indeed criminal charges. They are traffic misdemeanors and worth taking just as seriously as DUI charges.
Yes, DWAI is a criminal offense in Colorado, classified as a misdemeanor. Here’s a quick breakdown:
A DWAI charge applies if a driver’s BAC is between 0.05% and 0.08%, or if they’re slightly impaired by alcohol or drugs.
A DWAI conviction appears on your criminal record, potentially affecting employment and other areas of life, though generally with fewer consequences than a DUI.
In summary, while less severe than a DUI, a DWAI is still a serious offense in Colorado with significant repercussions.
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While the consequences of a DWAI conviction or guilty plea are not quite as severe as those for a DUI, they are still significant. For example, a DWAI adds eight points to your driving record. That could be enough to push your points over the limit and result in the loss of your driver’s license. Drivers in Colorado cannot have more than 12 points in a year, meaning that if your record has five points already, you will lose your license with a DWAI.
Then there are the fines. You might have to pay between $200 and $500 for a first offense, with potential fines up to $1,500 for second and subsequent offenses. You may also face considerable hours of community service and even jail time. For second and subsequent offenses, the penalties get more serious.
If you are younger than 21 and get your first DWAI conviction, you receive four points on your driving record, and your license will likely be suspended for three months to a year.
Penalties aside, the big question is whether DWAI is a criminal offense. Since it is classified as a misdemeanor, having to disclose your conviction could impact employment opportunities that hiring managers consider. It could also affect your chances of getting into some college programs and qualifying for certain types of financial aid such as grants and scholarships. A misdemeanor crime is a low-level crime but still certainly a crime. This revision includes updated information about fines, community service requirements, and the implications of having a DWAI conviction in Colorado as of 2024.
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.