Anyone know of any cases that address whether both Colorado DWI offenses are good out of state convictions for 49.09 purposes? Apparently, they have 2 charges: driving under the influence of intoxicating liquor and driving while ability impaired by alcohol, with the first being the higher offense.

If no cases, any opinions? It looks to me as though they'd both be a DWI here.

Funny, I just got a case with a DWAI from Colorado and was pondering this exact same question. I haven't done any research at all into it, but my gut feeling is that a DWAI would be a DWI here.

I'll let you know if I find something, and would appreciate it if you could return the favor.

Will do.

Anyone else actually researched this and come up with anything? I couldn't find any cases on a quick westlaw search.

http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=

Check out the above link. The language of their "Driving Under The Influence" and "Driving While Impaired" is certainly substantially similar to Texas DWI laws. Assuming you can actually get the judgments (or whatever Colorado calls them) with enough identifiers to connect the convictions to your defendants), you should be good.

Our experience with Colorado priors has been that they are pretty much a waste of time. The documentation, or lack thereof, makes it pretty apparent that they still treating the crime as a glorified moving violation. Virtually no identifiers beyond the defendant�s name and nothing seems to be generated post plea. Many judgments are of the fill in the blank variety and they are only partially completed. And, to add insult to injury, they are hard (slow) to get.

Most defendants work hard to develop their criminal records and I for one believe that they are entitled to the fruit of their labors. But, Colorado DUI priors are one area where I have to concede that your time is probably better served on your next �to-do.�

My understanding of Colorado law, after speaking with some prosecutors from Colorado, is that DWIA has two standards: 1) �impairment� or, 2) having a BAC over the Colorado per se limit of .05. The Colorado�impairment� standard seems to meet the Texas �loss of normal use� standard, so if it�s charged as such the offense should be enhanceable. The only scenario where a Colorado conviction for DWIA may not be enhanceable in Texas is if, for some reason, only the .05 per se standard were charged and there was no allegation of �impairment� in the Colorado case. By contrast, a DUI conviction in Colorado should always be enhanceable in Texas.