(Colorado) – The last three months of the calendar year are arguably some of the most enjoyable, as major holidays and reasons to gather fill up our calendars. Whether consuming an alcoholic beverage, cannabis products or other impairing substances, the Colorado State Patrol reminds you to prioritize responsibility and make a plan for a sober ride if socializing outside of your residence. Even one drink can impact your ability to drive safely and result in a criminal charge, Driving While Ability Impaired (DWAI).
“A DWAI is a separate offense from DUI under Colorado law and often misunderstood,” stated Col. Matthew C. Packard, chief of the Colorado State Patrol. “Some people choose to indulge in impairing substances, believing that just one drink won’t affect how they drive. For some drivers, that ‘one’ could be the ‘one’ to result in arrest.”
Under Colorado statutes, a DUI is a serious charge that applies when a driver’s Blood Alcohol Content (BAC) is 0.08% or higher. This measure aligns with the national standard for significant impairment. An arrest for a DWAI happens when a driver’s BAC is between 0.05% and 0.079%. DWAI focuses on any impairment that affects the driver’s ability to operate a vehicle safely, even to the slightest degree.
A first-time DWAI is a misdemeanor, carrying penalties that include:
- Penalties of jail time (two to 180 days)
- Fines between $200 and $500
- Community Service (24 to 48 hours)
- Eight points on your driver’s license
- Up to two years of probation.
Repeat DWAI offenses can escalate to penalties similar to those for DUI, including potential felony charges if the driver has multiple prior convictions.

“It's important for drivers also to understand other associated costs related to a DWAI arrest and conviction,” explained Col. Packard. “There is a court process which is costly, and if convicted, increased insurance premiums would be very likely.”
The Colorado State Patrol will build awareness this holiday season by highlighting potential consequences and daily inconveniences that an average Colorado driver experiences after a DUI, DUID or DWAI. This multi-month campaign (October – December), “Don’t Underestimate Impairment,” will include social media posts, digital ads, radio PSAs, and more.
Making a good decision “in the moment” while already intoxicated is unlikely. Don’t underestimate the consequences of this choice, and plan ahead for a sober ride.
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ABOUT THE COLORADO STATE PATROL
Since our origin in 1935, the Colorado State Patrol (CSP) has focused on preserving human life and protecting property within our communities. Our 1,100 members embody the core values of Honor, Duty, and Respect in their daily jobs. In addition to our expertise in motor vehicle safety on the state’s roadways, the CSP is responsible for the protection of the Governor and other dignitaries, commercial motor vehicle enforcement, hazardous materials, homeland security, communications, investigative services, criminal interdiction, community education, aviation operations, and more. For additional information, visit us online at Colorado State Patrol or follow us on X, Instagram, YouTube, or Facebook.