Wolf Law is proud to serve Denver and surrounding communities, including Aurora, Lakewood, and the broader Denver Metro area. If you have been stopped for suspected impaired driving in Colorado and you are trying to make sense of the terms law enforcement and attorneys are using, you are not alone. DUI, DWAI, OWI, DUI-D — these abbreviations get used interchangeably in casual conversation, but they carry distinct legal meanings. Understanding exactly what you are charged with is the foundation of any effective defense.
Wolf Law represents individuals across Colorado with a criminal defense practice focused on preparation, strategy, and strong legal advocacy. Attorneys and Partners Jeff Wolf and Colleen Kelley lead the firm’s defense team, each bringing decades of trial experience, sharp legal analysis, and a commitment to protecting their clients’ rights at every stage. Both attorneys are known for their national media presence, including commentary on Court TV and Law & Crime, and both bring that same level of analytical rigor and courtroom preparation to every DUI and DWAI defense case they handle in Colorado. Together, they reflect Wolf Law’s philosophy that excellent criminal defense is built on preparation, precision, and genuine commitment to the people they represent.
This article clarifies what OWI means, how it compares to DUI and DWAI under Colorado law, and what the differences mean for your case. Whether you are facing charges for the first time or trying to understand what happened during a stop, our legal team is here to help.
What Does OWI Mean and Is It Used in Colorado?
OWI stands for Operating While Intoxicated. It is the legal term used in several other states — Indiana, Michigan, Iowa, and Wisconsin among them — for what Colorado calls DUI. Colorado does not use the term OWI in its statutes. If you see OWI referenced in the context of a Colorado case, it is either a carryover from another state’s legal system or informal shorthand. Under Colorado law, the operative charges are DUI, DWAI, and DUI-D.
This distinction matters practically when someone who was charged with OWI in another state moves to Colorado or has their driving record evaluated here. Colorado courts and the Colorado Division of Motor Vehicles look at the substance of a prior out-of-state conviction, not just the label, when determining whether it counts as a prior DUI for purposes of sentencing enhancement. Our attorneys evaluate prior out-of-state records carefully in every case where they are relevant.
What Is DUI Under Colorado Law?
DUI stands for Driving Under the Influence and is defined under Colorado Revised Statutes Section 42-4-1301. A person commits DUI when they drive a motor vehicle while substantially incapable, either mentally or physically, of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle due to alcohol, drugs, or a combination of both.
Colorado also establishes a per se DUI standard: a blood alcohol content of 0.08 or higher at the time of driving or within two hours of driving creates a legal presumption of DUI. Breath testing and blood testing are the two methods used to establish BAC in Colorado. No other testing method — not saliva, not urine — is used for this purpose under Colorado law.
What Is DWAI and How Is It Different From DUI?
DWAI stands for Driving While Ability Impaired. Under Colorado law, DWAI is a separate and distinct offense from DUI. A person commits DWAI when they drive while their ability to operate a vehicle is impaired to the slightest degree — a lower threshold than the substantial incapacity required for a DUI conviction.
The BAC threshold for DWAI is 0.05 to 0.079. A reading in this range creates a legal presumption that the driver was DWAI. DWAI is a lesser offense than DUI but it is still a criminal charge with real consequences, including fines, license points, and a permanent criminal record. For a first offense, DWAI carries up to 180 days in jail on a first offense (that number goes up with subsequent offenses), though sentences at that level are uncommon for first-time offenders.
The distinction between DUI and DWAI matters enormously for defense strategy, for plea negotiations, and for the long-term impact on a driver’s record. Our attorneys evaluate which charge applies to the specific facts of every case.
What Is DUI-D and How Does Colorado Handle Drug Impairment?
DUI-D refers to driving under the influence of drugs. Colorado law applies the same DUI statute to drug-impaired driving as to alcohol-impaired driving. A person can be charged with DUI-D based on impairment from marijuana, prescription medication, illegal drugs, or any combination of substances.
Colorado has established an express consent law that requires drivers to submit to blood testing when law enforcement has probable cause to believe they are impaired by drugs. Breath testing measures alcohol only. When drug impairment is suspected, a blood draw is the method used to gather chemical evidence. Drug recognition experts — officers trained to assess physical signs of drug impairment — are also used by law enforcement in Colorado DUI-D investigations (though they are often not – a key point a good criminal defense attorney will notice and use in your defense).
Charged with DUI or DWAI in Denver, Aurora, or Lakewood? Call Wolf Law at 720.479.8574 for a free consultation. Our attorneys will evaluate every aspect of your case immediately.
How Do Colorado Courts Treat Prior OWI or DWI Convictions From Other States?
If you have a prior OWI, DWI, or similar conviction from another state and are now facing DUI charges in Colorado, that prior conviction may be used to enhance your sentence. Colorado law allows prior out-of-state convictions for equivalent offenses to count toward Colorado’s sentencing enhancement tiers for repeat DUI offenders.
The key question is whether the out-of-state offense is substantially similar to a Colorado DUI or DWAI. Our attorneys analyze prior out-of-state records to determine whether they qualify as priors under Colorado law and, where they do not, challenge their use in sentencing. This analysis can make a significant difference in the penalties you face.
DUI vs. DWAI vs. OWI: A Simple Comparison
- DUI (Colorado): Driving Under the Influence. Requires substantial mental or physical incapacity. Per se threshold: BAC of 0.08 or higher. More serious charge with higher minimum penalties.
- DWAI (Colorado): Driving While Ability Impaired. Requires impairment to the slightest degree. Per se threshold: BAC of 0.05 to 0.079. Lesser offense but still criminal with real consequences.
- DUI-D (Colorado): Driving Under the Influence of Drugs. Same statute as DUI, applied to drug impairment. Blood testing used — not breath. Drug recognition expert evaluation common.
- OWI (other states): Operating While Intoxicated. Used in Indiana, Michigan, Iowa, Wisconsin, and other states. Not a Colorado statutory term. Prior OWI convictions may count as Colorado DUI priors depending on the specifics.
Why the Specific Charge Matters for Your Defense
The difference between a DUI and a DWAI is not just semantic — it affects the penalties you face, the points assessed against your license, how a prior record is evaluated, and the range of plea options available. Jeff Wolf and Colleen Kelley are both excellent trial attorneys who understand the technical legal distinctions in Colorado’s impaired driving statutes and how to use them strategically on behalf of their clients.
Both attorneys have appeared on national platforms including Law & Crime and Court TV to discuss complex criminal matters, and both bring that same analytical depth to DUI and DWAI defense in Denver County Court, the Jefferson County Courthouse in Lakewood, and courts throughout the Denver Metro area. Our legal team evaluates the specific charge, the chemical evidence, the stop itself, and every other element of your case from the start.
Frequently Asked Questions About DUI and DWAI Charges in Colorado
- Can I be charged with both DUI and DWAI for the same incident? Typically, a defendant is charged with DUI or DWAI based on the evidence. In some cases, both charges are filed and the prosecution proceeds on the stronger one. Our attorneys evaluate how the charges are structured in your specific case.
- Does a DWAI go on my permanent record? Yes. A DWAI conviction results in a permanent criminal record in Colorado. Our attorneys explore every option to avoid or minimize that outcome.
- What if I refused chemical testing? Colorado’s express consent law means that refusing a breath or blood test carries administrative penalties including license revocation, separate from the criminal case. Our attorneys address both the criminal and DMV proceedings.
Contact Wolf Law to Defend Your DUI or DWAI Charge
Whether you are facing a DUI, DWAI, or DUI-D charge in Colorado, the specific facts and the specific charge matter enormously. Wolf Law offers free consultations, and our attorneys will evaluate every element of your case and build a defense strategy from day one. Call 720.479.8574 today.
Wolf Law represents clients throughout Colorado, including Denver, Aurora, Lakewood, and the communities along the I-25 corridor. Whether your case is in Denver County Court, the Jefferson County Courthouse, or another Colorado court, our excellent attorneys are ready to stand beside you. Call Wolf Law at 720.479.8574 for your free consultation.
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