Unlike DUI, there is no set BAC level at which you are automatically guilty of DWAI. DWAI requires actual impairment. So if your BAC was less than .08% and your driving was not impaired, you did not commit DWAI. However, if your BAC is greater than .05% (but less than .08%), it is strong evidence that your driving was impaired.1 Usually this will be shown with results from a DUI breath or blood test. You may be tempted to refuse to take a chemical test in order to avoid this result. Be advised, however, that there are significant penalties for a DUI test refusal in Colorado. These include automatic suspension of your Colorado driving privilege, as well as a fine and possible jail time. Your refusal may also be introduced as evidence that you were, in fact, guilty of DWAI.