Aggressive Colorado DWAI Attorney in Aurora, Colorado

Driving While Ability is Impaired in Colorado is a Serious Criminal Charge

Colorado has a lower alcohol related to driving under the influence. Driving while ability is impaired charges result from driving slightly impaired. A person charged with DWAI will be sentences in the same manner as a DUI and can carry the same consequences. This is especially true if you are facing a second, third, or fourth driving while ability is impaired. 

Fourth DWAI convictions will be a felony DUI conviction in Colorado.  Contact a Denver DWAI Defense Lawyer if you are facing charges of DUI, DWAI, or a related offense. Our DUI attorney is in Aurora. We handle cases in Arapahoe County, Douglas County, Adams County, and the Denver Metro Area.

What is the definition of Driving While Ability is Impaired under Colorado Law?

DWAI is the operation of a motor vehicle while impaired. The impairment can be to the slightest degree. Impairment can come from drugs or alcohol. It can also be a combination of drugs and alcohol. 

The important language of the definition is slightest degree. A jury does not get much guidance on the slightest degree language. A blood alcohol content (bac) of .08 or greater will result in a DUI charge. A BAC of .05 is driving while ability is impaired.

The operation of a motor vehicle while under the influence of drugs is harder to define. A DUI under the influence of marijuana has a limit of 5 nanograms. This is an extremely low level. 

Most edibles have a minimum of 10 nanograms. Smoking marijuana will also result in a THC level above the limit. There is not a defined limit for THC in Colorado.

When dealing with DWAI and drugs, it is important to research the drug and understand its effects. An anti-depressant could potentially help a person focus while driving. If a driver has three times the dosage in their system, it could definitely impact their ability to drive. It is important to speak with a toxicologist during the course of your representation.

The Colorado Revised Statutes provides the legal definition of DWAI. You can find more information about DUI laws there. If you have questions about the specifics of your case, you should always speak with a DUI Attorney.

What is the punishment for DWAI in Colorado?

Driving while ability is impaired is an unclassified misdemeanor in Colorado. A first offense carries a maximum jail sentence of 6 months. The court has to impose a 2-day jail sentence.

The jail time can be suspended with the completion of an alcohol or drug class. A court has the authority to impose a maximum fine of $500. There are also costs associated with probation.

A court can place a defendant on probation as well. Probation requires the defendant to submit to monitored sobriety and complete community service.

Court often requires defendants to complete a MADD Victim Impact Panel. Probation can be one to two years. In a lot of cases, a court will consider early termination of probation. A defendant s required to complete at least 24 hours of community service.

A DWAI conviction does not cause a revocation of driving privileges. It is an 8-point conviction.

A second or a third DWAI can result in an administrative license revocation. A DUI typically has a revocation based on the Colorado Express Consent Statute. This can also impact a commercial driver.

Second and a third DUI convictions receive the same sentences.  A second DUI carries a mandatory 10-day jail sentence. The mandatory minimum jail sentence for a third DUI in Colorado is 60-days. 

A DWAI after three prior convictions is a class 4 Felony. This type of charge requires a skilled Felony DUI Attorney. For more information concerning mandatory minimum sentences, see our Frequently Asked Questions Section.

What Are Common Defenses to Driving While Ability Is Impaired?

The first line of attack in a DWAI defense is the reason for the stop. Police must have probable cause to stop or detain you. An officer has to have probable cause to stop a motor vehicle. If the stop is not legal justified, any information obtained during the traffic stop is suppressed.

The officer also has to have a reason to believe you are under the influence. This belief must be supported by observable fact. Police cannot simply say they believe you are under the influence. 

Officers will typically get this information through observation of alcohol or drug use. Police will question defendants concerning their drug use. The most common method to obtain probable cause is the field sobriety test. These are tests that police use to determine if they think a defendant is sober or drunk.

A cop can also potentially request a blood or breath test. Nurses employed by law enforcement will draw blood from the defendant. An arresting officer conducts a breath test on official machines at the police station. After the stop, Police have a 2-hour time limit to conduct the test.

The blood or breath test will determine how you proceed. BAC will determine the charges and possible punishment.

If test results are above .05 for alcohol, you will be charged with DWAI. If drugs are fond, you can also be charged with a DWAI.

If your case doesn’t have any legal challenges, you may want to consider mitigation. Mitigation would include starting the alcohol classes early or submitting to alcohol monitoring. You can find alcohol classes near you through google. It is important to find a class that works with your location and schedule. 

Speak with A Qualified Criminal Defense and DWAI Defense Attorney Today

Every case is different. There is not a one size fits all to DWAI charge. Each DUI case is different, and it requires a defense tailored to your specific facts and needs. It is important to speak with a Colorado DWAI defense attorney about your options and case.

Our drunk driving defense lawyer has handled thousands of dui cases in the Denver Metro Area. This includes cases in Arapahoe County, Adams County, Douglas County, Jefferson County, and other Counties in Colorado. Mr. Lawrence would gladly offer a free consultation to discuss the facts of your case.

We are open during regular business hours, and we will stay late and be available on the weekends if necessary. Schedule a free consultation with an Aurora Criminal lawyer from the Lawrence Law Firm. We are ready, willing, and able to represent you.

If you are facing this type of charge, speak with our DWAI Lawyer.