DWAI | DWI Attorneys & Lawyers

Colorado Law Offices Serving Castle Rock to Brighton, Colorado

We have solid courtroom experience with award winning client satisfaction to defend and obtain extraordinary results in DWAI criminal cases in Colorado.

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Phone: 303-578-8550 | Email: info@TheEvansFirm.com
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DWAI or Driving While Ability Impaired is the less serious criminal charge to a DUI or Driving Under the Influence in Arapahoe County. However, it is still a criminal charge that carries the risk of jail, probation, and the loss or suspension of your driver's license. It is also a permanent conviction that cannot be sealed.

Did you know that in Colorado, someone can be arrested if your BAC is .05 or higher? It’s not .08. Many people don’t realize that, and get into trouble (good, normal, everyday people). That’s only about 2 beers an hour for most people.

These consequences pose many real problems for people in their day to day life, including transportation, employment, and career advancement. Read about Colorado's new penalties for impaired driving offenses involving alcohol and drugs. An impaired driving charge is not only concerning because of the penalties that can come with it but with the power it has to change the trajectory one's life. The need for a criminal defense attorney is clear!

Get Award Winning DWAI Defense

The Evans Firm, industry-recognized Colorado defense attorney Michael D. Evans has helped thousands of clients navigate their criminal charges and avoid maximum penalties.

Find out why you should hire our law firm to defend your DWAI charge, such as being ranked in the Top 100 Law Firms, an A+ Rating with the BBB, a Top 10 Ranking in Client Satisfaction, the AVVO Client's Choice Award, being featured in nationally, having extensive jury trial experience, and many others. Read how we can handle your DWAI case.

What is DWAI?

"Driving while ability impaired" means driving a vehicle when a person has consumed alcohol or drugs, or a combination of both, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

This sounds a lot like a normal DUI criminal charge, but the primary difference is the blood alcohol content. DWAI is charged when the person's BAC, as shown by analysis of the person's breath or blood, is at least 0.05 but not more than 0.08 at the time of driving or within two hours after driving. In contrast, DUI is above a 0.08 BAC combined with the inability to operate or control a motor vehicles.

Driving while ability impaired is a misdemeanor criminal charge, but it is a class 4 felony if the violation occurred after three or more prior convictions for a separate DUI, DWAI, vehicular homicide, vehicular assault, or any combination thereof.

If a person refuses to take or to complete, or to cooperate with the completing of, any blood or breath chemical test and the person subsequently stands trial for DUI or DWAI, the refusal to take or to complete, or to cooperate with the completing of, any test is admissible into evidence at the trial. Read about Colorado Express Consent Law here.

Driver's License Consequences for DWAI

DWAI cases are divided into two parts: 1) the criminal charge; and 2) civil administrative sanction. When you have a DWAI charge you need an attorney who can handle both.

The criminal charge of DWAI is handled the courts to decided guilt or innocence on the act of driving while impaired by alcohol or drugs, or a possible less serious charge driving while ability impaired. The criminal case will decide things like jail, probation, community service, and fines.

The second part of a DWAI case is a civil administrative hearing handled by the Colorado DMV. The DMV is in charge of determining whether to revoke your license and impose points on your driving record. A DWAI is considered a habitual traffic offense, and like baseball, if you receive 3 habitual traffic offenses within a 5 year period your license can be suspended for up to 7 years. Read more about driver's license suspension hearings for DWAI charges.

Serving Colorado In Douglas County • Arapahoe County • Adams County
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