DUI vs. DWAI in Summit County: BAC Limits & Defense Tactics
Being pulled over and charged with a DUI or DWAI can have serious consequences. A conviction could cost you your job, your driver’s license, and even your freedom. In this blog we’ll explain the difference between these charges, the legal thresholds for impairment, and effective defense strategies.
The experienced Summit County criminal defense attorneys at Whitaker & Penix, LLC are deeply familiar with local courts and law enforcement procedures in the 6th Judicial District. Kylie Whitaker and Ehren Penix are former prosecutors who bring extensive trial experience to every case.
What’s the Difference Between a DUI and DWAI in Colorado?
Colorado has two primary alcohol-related driving offenses: DUI and DWAI. Both can result in significant penalties, but the legal definitions and standards of proof are different.
DUI (Driving Under the Influence):
A DUI charge applies when a driver operates a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. You can also be charged with a DUI if you’re under the influence of drugs or alcohol to the extent that you’re substantially incapable of safely operating a vehicle.
DWAI (Driving While Ability Impaired)
DWAI is a lesser charge that applies when a driver has a BAC between 0.05% and 0.079%. You can be charged with DWAI if your ability to safely operate a vehicle is impaired “to the slightest degree.” That makes it easier for prosecutors to obtain a conviction, even with a relatively low BAC.
Legal BAC Limits in Colorado
Here’s a quick breakdown of Colorado’s impairment thresholds:
- DWAI—0.05% to 0.079% BAC: Presumed to be impaired.
- DWI—0.08% BAC or more: Presumed to be under the influence.
- High BAC—0.15% BAC or more: Triggering enhanced penalties, even for first-time offenders.
Zero Tolerance for Drivers Under 21
Colorado law maintains a Zero Tolerance policy for drivers who have not yet reached the legal drinking age. Drivers under 21 face strict penalties for a BAC as low as 0.02%.
Penalties for DUI and DWAI in Colorado
DUI First Offense
- Up to 1 year in jail
- License revocation for 9 months
- Up to $1,000 in fines
- 48–96 hours of community service
- Mandatory alcohol education and therapy
DWAI First Offense
- Up to 180 days in jail
- 8 points on your driving record (but no automatic license revocation)
- Up to $500 in fines
- 24–48 hours of community service
- Alcohol education courses
Subsequent offenses and high BACs lead to dramatically increased penalties, including
- Mandatory jail time
- Ignition interlock devices
- Longer license suspensions
- Classification as a habitual traffic offender.
DUI & DWAI in Summit County
Summit County sees a large influx of tourists during peak ski and holiday seasons. That brings a heightened law enforcement presence, particularly in areas like Breckenridge, Frisco, and Dillon.
Roadside sobriety checkpoints, increased patrols, and quicker court processing for out-of-state visitors are common, and local law enforcement agencies have a lot of experience when it comes to conducting field sobriety tests and administering breathalyzer tests.
Can You Refuse a Blood Test in Colorado?
In Colorado, you can refuse a roadside field sobriety test (FST). But once you’ve been arrested on suspicion of drunk driving, there are serious penalties for refusing to submit to a chemical test. Under Colorado’s express consent law, refusing a test can result in:
- Immediate license revocation for 1 year (even if you’re not convicted),
- Mandatory installation of an ignition interlock device for 2 years,
- Use of your refusal as evidence against you in court.
Effective DUI & DWAI Defense Strategies
Each case is unique, but several defense strategies can be effective in Colorado DUI and DWAI cases.
Challenging the Traffic Stop
Law enforcement must have reasonable suspicion to initiate a traffic stop. If the stop was unlawful, any evidence gathered afterward (including breath or blood test results) could be suppressed.
Questioning Field Sobriety Tests
Field sobriety tests are subjective and prone to error, especially at Summit County’s high altitude, where fatigue and dehydration can affect balance and coordination.
Contesting the Accuracy of a Chemical Test
Breathalyzers must be properly calibrated and administered by certified personnel. Errors in equipment, procedures, or recordkeeping can call test results into question.
Rising BAC Defense
Alcohol takes time to absorb into your bloodstream. If your BAC was rising at the time of the test, you may not have been over the legal limit while operating the vehicle.
Medical Conditions or Diet
Conditions like GERD (acid reflux) or certain low-carb diets can create false positives on breathalyzer tests.
Negotiating a DUI to a Lesser Charge
Plea negotiations are a critical part of a comprehensive DUI defense. Depending on the circumstances (such as a low BAC, no prior record, and cooperative behavior), an experienced attorney may be able to negotiate your DUI charge down to:
- A DWAI, which carries lesser penalties and may allow you to retain your license.
- A reckless driving charge, avoiding alcohol-related offense on your record altogether.
What to Do If You’re Arrested for DUI or DWAI in Summit County
- Remain Calm and Polite – Arguing with officers won’t help your case.
- Exercise Your Right to Remain Silent – You are not required to answer questions about drinking.
- Request an Attorney Immediately – Don’t wait until charges are filed to get legal help.
- Contact Our Office – The sooner you reach out, the more options we have for your defense.
Speak With a Trusted DUI Defense Lawyer in Summit County
If you’ve been charged with DUI or DWAI in Summit County, you have options. A Breckenridge DUI lawyer at Whitaker & Penix, LLC will help you understand what you’re up against and develop a strong defense strategy.
Kylie Whitaker has been recognized by Super Lawyers as one of Colorado’s Rising Stars based on peer reviews and independent research. Whitaker & Penix, LLC has an A+ rating from the Better Business Bureau.
Call at (970) 368-0602 to schedule your free consultation today.