Thursday, 22 January 2015

What is the Difference Between DUI and DWAI

DUI penalties and sentence of DUI laws in Denver are based on numerous factors. In the state of Colorado, Denver DUI laws require a blood alcohol content  (BAC) of .08% or higher. Under Colorado law, if you are caught driving under the influence and your BAC comes out to be .08%; it adds 12 points to your driving record and may result in suspension of your driver’s license.

Driving while ability impaired DWAI, on the other hand, is a charge for drivers with a registered BAC between .05% and .0799%. It adds 8 points to your driving record, which means that your driver’s license will not be suspended immediately; instead, it will be suspended if your current record includes other driving violations such as reckless driving or speeding. 

Everything You Need to Know about DUI and Your Driver’s License
Two cases are involved when someone is caught driving under the influence in the State of Colorado:
  1. A criminal case that is handled in the court system
  2. A civil case that involves the Department of Motor Vehicles
In case of DUI, the decision is based on the percentage of BAC, whereas, in case of a DWAI, the DMV will determine if your driving points justify suspension of your driver’s license. You have just seven (7) days to request a DMV hearing and if no petition is filed during those seven days, your driver’s license will be suspended on the eighth day.

Denver DUI Laws and DWAI Penalties

The consequences of being convicted depend upon various factors such as whether an accident occurred or injuries were caused, and if there were prior convictions. If you are a first time offender, you may expect the following:
  • Perform public service
  • Attend alcohol education classes.
  • Pay fine and court expenses
  • Spend a few days in jail.
DWAI with Previous DUI
  • Jail – 60 Days to 1 Year
  • Fine – $800 to $1,200
  • Public Service – 52 to 104 Hours
DUI with Previous DWAI
  • Jail – 70 Days to 1 year.
  • Fine – $900 to $1,500.
  • Public Service – 56 to 112 Hours.
Can a Denver DUI Lawyer Get a DUI dismissed?
If you are caught driving under the influence in Denver, the smartest decision is to contact an accredited DUI attorney in Denver immediately. Remember that a Denver DUI lawyer can enter a plea agreement for the defendant, as a result of which, the charge of drunk driving is reduced to the charge of reckless driving. However, the plea bargain depends upon the severity of the case and factors involved.


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