DWAI – Driving While Ability Impaired – The Law in Colorado

Navigating the legal landscape of impaired driving offenses in Colorado can be complex. Understanding the nuances of the law is crucial for effective representation. One such law is the Driving While Ability Impaired (DWAI) statute. This law is unique to Colorado and often misunderstood.

This article aims to shed light on DWAI laws in Colorado. It will delve into the specifics of these laws, their implications, and how they differ from DUI laws.

We will also explore the legal consequences of a DWAI conviction. This includes penalties, impact on driving privileges, and effects on one’s criminal record.

The role of law enforcement, the importance of evidence, and potential defense strategies will also be discussed. This comprehensive guide will serve as a valuable resource for criminal defense attorneys and anyone seeking to understand DWAI laws in Colorado.

By the end of this article, you will have a deeper understanding of DWAI laws in Colorado, and why hiring a DWAI lawyer can be beneficial.

Understanding DWAI in Colorado

In Colorado, the term DWAI refers to Driving While Ability Impaired. This offense is committed when a person operates a motor vehicle while their ability to do so is impaired to the slightest degree by alcohol, drugs, or both.

The key aspect of a DWAI offense is the level of impairment. Unlike a DUI (Driving Under the Influence), a DWAI does not require a high level of impairment. Even a slight impairment can lead to a DWAI charge.

Key points to remember about DWAI in Colorado include:

• It is a lesser offense than a DUI.
• It has a lower Blood Alcohol Content (BAC) threshold.
• It can be charged even if the driver’s BAC is below the legal limit for a DUI.

Defining DWAI and Its Legal Thresholds

In Colorado, a person can be charged with a DWAI if their BAC is more than 0.05% but less than 0.08%. This is lower than the BAC threshold for a DUI, which is 0.08% or higher.

However, a DWAI charge is not solely based on BAC. It can also be based on the driver’s behavior, driving pattern, and the results of field sobriety tests.

It’s important to note that a person can be charged with a DWAI even if their BAC is below 0.05%. This can occur if there is other evidence of impairment, such as erratic driving or failing a field sobriety test.

DWAI vs DUI: Key Differences in Colorado

While both DWAI and DUI offenses involve impaired driving, there are key differences between the two in Colorado. The main difference lies in the level of impairment and the BAC threshold.

A DUI charge requires a BAC of 0.08% or higher, or substantial impairment due to drugs or alcohol. A DWAI charge, on the other hand, requires a BAC between 0.05% and 0.08%, or slight impairment from alcohol or drugs.

Another difference is the penalties associated with each offense. Generally, the penalties for a DUI are more severe than those for a DWAI. However, both can have significant legal and personal consequences.

The Legal Consequences of a DWAI Conviction

DWAI convictions in Colorado can carry serious legal consequences. These can include fines, jail time, probation, community service, and mandatory alcohol education or treatment programs.

The specific penalties for a DWAI conviction can vary depending on several factors. These include the driver’s BAC level, whether it’s a first or subsequent offense, and whether there were any aggravating factors such as causing an accident or injury.

Key legal consequences of a DWAI conviction in Colorado include:

• Fines ranging from $200 to $1,500.
• Jail time ranging from 2 days to 1 year.
• Probation for up to 2 years.
• Community service for up to 96 hours.
• Mandatory alcohol education or treatment programs.

Penalties for DWAI Offenses in Colorado

The penalties for a DWAI offense in Colorado can be severe. For a first offense, the penalties can include a fine of up to $500, up to 180 days in jail, and up to 48 hours of community service.

For a second or subsequent DWAI offense, the penalties increase significantly. They can include a fine of up to $1,500, up to 1 year in jail, and up to 120 hours of community service.

It’s important to note that these are the maximum penalties. The actual penalties imposed can vary depending on the specifics of the case and the judge’s discretion.

Impact on Driving Privileges and Criminal Record

A DWAI conviction can have a significant impact on a person’s driving privileges and criminal record. 

In terms of a criminal record, a DWAI conviction is a misdemeanor in Colorado. This means it will appear on the person’s criminal record, which can have far-reaching consequences. It can affect employment opportunities, professional licensing, and even housing applications.

Moreover, a DWAI conviction can also increase the penalties for any future DWAI or DUI offenses. This is because Colorado has a habitual DUI system where any prior DUI, DWAI, or any other alcohol related driving offense in any state can count against you in future cases. So if you had a DUI conviction in another state 12 years ago, and now you are facing a DWAI charge, Colorado will treat your new case as a DWAI second offense even though it is the first one you have had in Colorado. The Role of Law Enforcement and Evidence in DWAI Cases

Law enforcement plays a crucial role in DWAI cases in Colorado. They are responsible for identifying potential DWAI offenses, conducting field sobriety and chemical tests, and gathering evidence for prosecution.

The evidence collected by law enforcement is critical in DWAI cases. This can include the results of field sobriety and chemical tests, observations of the driver’s behavior and driving pattern, and any other relevant evidence such as traffic camera footage or witness statements.

It’s important to note that the evidence collected by law enforcement must be obtained legally. 

Any evidence obtained in violation of the driver’s constitutional rights may be challenged in court and potentially excluded from the case.

Field Sobriety and Chemical Tests

Field sobriety tests and chemical tests are key tools used by law enforcement in DWAI cases. Field sobriety tests are designed to assess a driver’s physical and cognitive impairment, while chemical tests measure the driver’s BAC level.

In Colorado, drivers are required to submit to these tests under the state’s Express Consent Law. Refusal to submit to these tests can result in automatic suspension of the driver’s license and can be used as evidence of impairment in court.

However, these tests are not infallible and can be challenged in court. Factors such as the officer’s training and experience, the conditions under which the tests were conducted, and the driver’s medical conditions or prescribed medications can all affect the validity of the tests.

Challenging DWAI Charges in Court

Challenging DWAI charges in court requires a thorough understanding of the law and a strategic legal approach. This can involve challenging the legality of the traffic stop, the validity of the field sobriety and chemical tests, and the admissibility of the evidence.

Potential defenses against DWAI charges can include showing that the officer lacked probable cause for the traffic stop, that the field sobriety or chemical tests were improperly conducted, or that the driver’s impairment was due to a medical condition or prescribed medication rather than alcohol or drugs.

It’s important to note that each DWAI case is unique, and the best defense strategy will depend on the specifics of the case. This is where the expertise of a skilled DWAI criminal defense attorney can make a significant difference.

Defense Strategies and the Role of a Criminal Defense Attorney

In DWAI cases, a strategic defense approach is crucial. This involves a thorough investigation of the case, gathering evidence, and developing a defense strategy tailored to the specifics of the case. A skilled DWAI criminal defense attorney plays a pivotal role in this process.

The defense attorney’s role extends beyond the courtroom. They also provide valuable counsel to the client, helping them understand their rights, the legal process, and the potential consequences of a DWAI conviction. They also negotiate with the prosecution, potentially reaching a plea bargain that can result in reduced charges or penalties.

Moreover, a defense attorney stays current with changes in DWAI laws and legal precedents. This knowledge is vital in developing effective defense strategies and representing the client successfully.

Potential Defenses Against DWAI Charges

There are several potential defenses against DWAI charges in Colorado. These can include challenging the legality of the traffic stop, the validity of the field sobriety or chemical tests, and the admissibility of the evidence.

Other defenses can involve showing that the driver’s impairment was due to a medical condition or prescribed medication rather than alcohol or drugs. In some cases, it may be possible to argue that the driver’s BAC level was below the legal threshold at the time of driving but the driver then consumed more alcohol after driving but before the testing which led to a much higher result than the driver had at the time of driving. 

It’s important to note that the best defense strategy will depend on the specifics of the case. A skilled defense attorney can evaluate the case and develop the most effective defense strategy.

The Importance of Legal Representation in DWAI Cases

Legal representation is crucial in DWAI cases. A skilled defense attorney can navigate the complexities of the legal system, protect the client’s rights, and work towards the best possible outcome.

The attorney’s role extends beyond the courtroom. They provide valuable counsel to the client, negotiate with the prosecution, and develop a strategic defense approach tailored to the specifics of the case.

Moreover, an attorney’s expertise and dedication can make a significant difference in the outcome of a DWAI case. Whether it’s challenging the evidence, negotiating a plea bargain, or representing the client at trial, a skilled defense attorney is an invaluable asset in a DWAI case.

Conclusion and Key Takeaways

Understanding DWAI laws in Colorado is crucial for effective legal representation in such cases. From the legal thresholds and penalties to the role of law enforcement and potential defenses, each aspect plays a significant role in the outcome of a DWAI case.

In conclusion, a skilled defense attorney’s expertise and dedication can significantly impact a DWAI case. Staying current with changes in DWAI laws and legal precedents, developing strategic defense approaches, and providing valuable counsel to clients are all key to successful representation in DWAI cases. Learn more about DUI and DWAI charges in Colorado on our DUI practice page.

Contact a DWAI Lawyer Near You

To discuss your arrest or DUI/DWAI needs in a free appointment, call our firm or request an appointment online today. Our service-oriented criminal defense lawyers and DUI counselors are ready to help you navigate these charges from one of our offices in Colorado Springs, Castle Rock or Highlands Ranch.