DRIVING WHILE ABILITY IMPAIRED
MADD does not support a reduction in charges; however, a plea to a lesser charge of an impaired driving con- viction is often the most tolerable result. Unique to Colorado Law, DWAI (Driving While Ability Impaired) is charged when a law enforcement officer considers the effect of drugs or alcohol or the combination of the two to the slightest degree so that the person is less able than the person ordinarily would have been either mentally or physically or both to exercise clear judgment sufficient physical control, or due care in the safe operation of a vehicle. In 2020, the data collection system used by MADD Colorado did not capture DWAI and we are seeking to change that for future data collection. Similarities between the charges of DUI and DWAI in Colorado: o Both are general misdemeanors. o Both remain on your driving record for the rest of your life. o Any conviction for either will remain on your criminal record for life. o Both carry probation terms. o Both require you to complete treatment. o Both require Monitored Sobriety. o Both require Useful Public Service. The minimum, though, for the DWAI is 24 hours, and the minimum for the DUI is 48 hours. o Both carry with the conviction a “fine.” DUI – from $600.00 to $1,000.00 and for the DWAI from $200.00 to $500.00. o Both require payment of the Costs of Court.
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