DWAI Attorney in Colorado Springs - Sawyer Legal Group, LLC

It is unlawful in Colorado to drive if you are even slightly impaired by alcohol or drugs. Driving While Ability Impaired (DWAI) is most often a misdemeanor in Colorado Springs. In most cases, a driver’s license won’t be revoked as a result of this charge. However, if you’ve had prior violations against your driving record, a DWAI conviction can surpass the point limit. Consequences of a DWAI may include jail time and a fine. It is important to secure an experienced DWAI attorney when facing charges.

What is DWAI in Colorado Springs?

Driving While Ability Impaired C.R.S. 42-4-1301 describes DWAI in Colorado. When someone is affected in the slightest degree by alcohol / drugs and chooses to drive, a DWAI can result. Essentially, the law enforces the thought that people are mentally / physically less able to operate a vehicle in a safe manner with the presence of alcohol / drugs in their system. Ability is considered impaired when someone’s blood alcohol concentration (BAC) is greater than .05% but less than .08% (Colorado’s legal limit for DUI).

.05% BAC is significant because there is no set BAC level in Colorado for an automatic DWAI. Instead, it is seen as strong evidence of impairment if a driver’s BAC is between .05% – .08%. While roadside tests are not mandatory and should be declined in most situations, arrest on suspicion of DWAI may mean a chemical test done at a police station or medical facility. Refusal to participate in this exam can result in suspension of driving privileges and can further complicate a case.

Punishments for DWAI in El Paso County

A great deal of sentencing parameters for DWAI are determined by the presence of prior convictions:

1st Offense = 2 days – 6 months in county jail + fine of $200 – $500
2nd Offense = 10 days – 1 year in county jail + fine of $600 – $1,500
3rd Offense = 10 days – 1 year in county jail + fine of $600 – $1,500

Additionally, each DWAI conviction includes 8 points on a defendant’s DMV driving record. A 4th offense of DWAI is a class 4 felony in Colorado and can result in 2 – 6 years in prison and a fine of $2,000 – $500,000.

Colorado Springs DWAI Attorney

DWAI charges should not be taken lightly simply because it isn’t a DUI. Defendants with a subpar attorney or that attempt to represent themselves, often end up with an unfavorable outcome. It is essential to hire DWAI attorney with experience in courts throughout Colorado. Police and prosecutors are not immune to mistakes and may have made errors in your case. A skilled DUI / DWAI lawyer can find these mistakes while also prioritizing your best possible outcome. We have decades of combined experience representing clients accused of drunk driving and are ready to meet with you for a free consultation.