Driving While Ability Impaired in Colorado
DWAI is a misdemeanor offense in Colorado, as long as you have not had 3 or more prior convictions for DUI/DUI per se, DWAI, vehicular homicide or vehicular assault.
First Time DWAI Offenders
For a first offense, DWAI can include a jail sentence of 2 to 180 days (6 months) in jail, but there is no mandatory jail sentence, so you might not serve any jail time (other than time spent upon your initial arrest). You can be put on probation for up to 2 years. There is a minimum $200 fine, but the fine can be up to $500 (you are also responsible for any court costs and mandatory DUI fees, as well as any cost for classes or surcharges). There is a minimum 24 hours of useful public service (also known as community service) but it can be up to 48 hours.
Multiple DWAI Offenders
A second or third DWAI offense (i.e. you had one or two prior DUI or DWAI convictions on your record), will result in 10 days to 1 year in jail with 10 days of jail (or jail alternative such as in-home-detention, work release, etc.) being mandatory. You can also be put on probation for up to 2 years. There is a minimum $600 fine, but the fine can be up to $1500 (you are also responsible for any court costs and mandatory DUI fees, as well as any cost for classes or surcharges). There is a minimum 48 hours of community service, but it can be up to 120 hours.
DWAI is an 8-point offense on your driving record. It will also count as a strike against you on your driving record as a habitual traffic offender (HTO). If you are convicted of 3 major traffic offenses (i.e. 3 HTO strikes) within 7 years, your license will be revoked for a minimum of 5 years.
A Colorado DWAI becomes a class 4 felony after you had three or more prior convictions for DUI/DUI per se, DWAI, vehicular homicide or vehicular assault. A felony DWAI conviction can result in 2 to 6 years in prison with 3 years of mandatory parole and a fine of $2000 to $500,000.
A DWAI conviction can have serious consequences. If you or someone you know has been charged with a DWAI, the Aurora attorneys at Oakmont Law Group are here to help. Please give us a call for a free consultation: 720-645-1123.
1Major traffic offenses that qualify as habitual traffic offender “strikes” against a driver include: DUI, DUI per se, DWAI, Reckless Driving, Driving Under Restraint/Suspension, Vehicular Assault, Vehicular Homicide, Manslaughter (or criminally negligent homicide) which results from the operation of a motor vehicle, Aggravated Motor Vehicle Theft, Knowingly making any false affidavit or swearing or affirming falsely to any matter or thing required by the motor vehicle laws or as to information required of such laws.
My license was suspended but I kept driving to work. I got a ticket for driving on a suspended license. Can I go to jail?
