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DUI arrest but just finished a drink? Your BAC may be rising, not reflect driving impairment. DWAI is usually a misdemeanor under C.R.S. 42-4-130 (1)(b), but it can be a felony if you have at least three prior DUI or DWAI convictions. Unlike a first DWAI is a violation, not a crime like a misdemeanor or felony. However, the difference between a conviction for DWAI and other violations (like speeding tickets)

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What Is a DWAI in Colorado? - Law Offices of Steven J. Pisani, LLC Charged with a DUI or DWAI in Colorado? Here is what you need to know.