If you were arrested in Colorado for DWAI, an officer believed that you were operating a motor vehicle while impaired from alcohol and/or drug(s) to the extent that your motor skills, mental faculties and reaction times were impaired slightly more than if you were completely sober. Driving with a blood alcohol content between .05% and .079% BAC is considered a strong inference that you were Driving While Ability Impaired (DWAI). In Colorado, a DWAI is considered a “lesser” charge to a Colorado DUI. However, DWAI is still a serious charge – it carries significant penalties and affects your criminal record.
COLORADO DWAI PENALTIES
Colorado DWAI is similar to Colorado DUI, but the difference is that the prosecutor only has to prove that you were affected “slightly”, so that the person is less able than he or she ordinarily would have been to exercise clear judgment and the ability to drive. If you are convicted of Colorado DWAI charges, you can expect to pay fines between $200 and $1000 and spend a couple days in jail. If convicted of your first DWAI you may also have to do some community service. Additionally, your first Colorado DWAI will result in “points” being applied to your driving record. A person convicted of a DWAI with a blood alcohol level less than .08 BAC may not necessarily have their license suspended by the Colorado Department of Revenue. While a DWAI conviction is also unlikely to be considered a prior DUI in other states, it is considered a prior DUI in Colorado. A second DWAI or DUI in Colorado with a prior DWAI carries significant penalties, including a one year license suspension and up to one year in jail.
COLORADO DWAI LAWYER
Colorado DWAI attorneys defend DWAI and DUI charges in Colorado. A good Colorado DWAI attorney or criminal defense attorney will be able to assist you with your case and offer DWAI defense strategies. A skilled Colorado DWAI lawyer may be able to challenge the arresting officer’s judgment in determining the level of impairment. The level of impairment is determined by your driving patterns, your demeanor, and if you pass/fail your Field Sobriety Tests. All the methods used to determine DWAI are very subjective, and at your hearing your skilled Colorado DWAI attorney will try and shed light on the fallibility of the officer’s discretion and procedure.