Know the Charges. Protect Your Record. Defend Your Freedom.
If you were pulled over for impaired driving in Colorado, chances are you are now staring down a DUI or a DWAI charge. The difference between these two offenses may seem minor at first, but the consequences and long-term effects can be dramatically different. The outcome of your case depends not just on what happened but on how quickly and intelligently you respond.
At Shazam Kianpour & Associates, we help drivers protect their freedom and preserve their records every single day. Our defense attorneys know Colorado’s impaired driving laws inside and out, and we build real strategies that work for real people. If you are facing a DUI or DWAI, here’s what you need to know.
What Is a DUI in Colorado?
A DUI, or Driving Under the Influence, is charged when a driver is considered substantially incapable of operating a vehicle safely because of alcohol, drugs, or a combination of both. You can be charged with DUI if:
- Your blood alcohol concentration (BAC) is 0.08 percent or higher
- You are visibly impaired by alcohol or drugs, regardless of your BAC level
Even if you were not swerving, speeding, or slurring your words, a BAC of 0.08 or more is enough on its own for a DUI arrest. A first-time DUI in Colorado is a criminal misdemeanor, but the penalties are serious and can escalate quickly.
What Is a DWAI in Colorado?
A DWAI, or Driving While Ability Impaired, is charged when a person’s ability to drive is affected in even the slightest way by alcohol or drugs. This is Colorado’s lower-tier impaired driving offense and applies if:
- Your BAC is between 0.05 percent and 0.079 percent
- An officer believes you are “less able than an ordinary person” to drive safely
Unlike a DUI, the DWAI charge does not require a BAC above the legal limit. It relies more on officer judgment, field sobriety tests, and the circumstances surrounding the stop.
Side-by-Side Comparison: DUI vs DWAI in Colorado
| Charge | BAC Range | Criminal Level | Jail Time | License Points | Interlock Required | License Suspension |
| DUI | 0.08% or more | Class 1 misdemeanor | Up to 1 year | 12 points (automatic revocation) | Yes | 9 months on first offense |
| DWAI | 0.05% to 0.079% | Traffic misdemeanor (criminal) | Up to 180 days | 8 points | Usually no | Not automatic, but possible |
What About Drug-Based DUI or DWAI?
Colorado does not limit these charges to alcohol. If you are impaired by marijuana, prescription medication, or any controlled substance, you can still be charged.
- A THC level of 5 nanograms or more in your blood may support a DUI charge
- Officers often rely on signs of impairment, admission of use, or drug recognition expert testimony
Unlike alcohol, there is no legally defined threshold for impairment with most drugs. That makes drug-related DUI and DWAI cases more subjective and more defensible.
Penalties for a First-Time Offense
Whether you are facing a DUI or a DWAI, the penalties can be life altering. A first-time conviction for either charge in Colorado can include:
DUI Penalties (First Offense)
- Up to 1 year in jail
- $600 to $1000 in fines
- 9-month license revocation
- Mandatory alcohol education classes
- Installation of an ignition interlock device
- SR-22 high-risk insurance for up to 3 years
DWAI Penalties (First Offense)
- Up to 180 days in jail
- $200 to $500 in fines
- 8 points on your driving record
- Possible license suspension if you have other points
- Mandatory alcohol classes and community service
Even though DWAI is technically less severe, it still creates a permanent criminal record and can count against you in the future.
The Long-Term Fallout of a Conviction
Most people think about the court penalties and forget the hidden costs. A DUI or DWAI conviction can also lead to:
- Loss of current or future employment
- Suspended or revoked professional licenses
- Increased insurance rates for several years
- Travel restrictions or immigration consequences
- Damage to your reputation and relationships
You might also face family court consequences, especially in child custody disputes. What appears to be a minor charge can snowball into something that touches every corner of your life.
What If You Refused the Breath or Blood Test?
Refusing a chemical test in Colorado does not make the charge go away. It triggers an automatic one-year driver’s license revocation under the express consent law. However, a refusal can also weaken the case against you, depending on how the stop was handled.
If you refused the test, we may still be able to help you apply for a restricted interlock license and defend you from the criminal charge. Timing is everything, these cases move fast, and your rights can disappear if you wait too long.
Can You Beat a DUI or DWAI Charge?
Yes. With the right legal strategy, DUI and DWAI charges can be dismissed, reduced, or resolved in ways that protect your future.
Our attorneys look at everything:
- Was the traffic stop legal?
- Were the field sobriety tests administered correctly?
- Was the breath or blood test handled according to regulations?
- Did the officer follow constitutional procedures?
- Is the prosecution’s case built on assumptions or provable facts?
We have beat these charges in hundreds of cases across Colorado. Sometimes the strongest defense is technical. Other times, it’s about humanizing you, showing the court that you deserve a second chance, not a conviction.
Why Choose Shazam Kianpour & Associates?
Because we get results.
We are one of Colorado’s leading DUI and criminal defense firms. Our team of trial-tested attorneys includes former prosecutors who understand how the system works from the inside out. We don’t just push paperwork or plead cases, we fight, we challenge, and we win.
- Thousands of DUI and DWAI clients served
- Decades of combined courtroom experience
- Focused exclusively on criminal and traffic defense
- Known by judges and respected by prosecutors
- 24/7 availability for emergencies
When you hire Shazam Law, you get a full team behind you. We do not hand your case off to a junior associate or keep you in the dark. You will know what is happening every step of the way, and we will always have your back.
Your Next Move Could Save Your License
Time matters. In many DUI and DWAI cases, you only have a few days to request a hearing or respond to the DMV. Waiting can cost you your license or limit your options in court.
Let us review your case for free. We will tell you exactly where you stand, what to expect, and how we can fight for you.
Call us now. Let’s protect your future together.