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June 9, 2020  |  By Kyle Sawyer

Driving While Ability Impaired in Douglas County

Driving While Ability Impaired
Driving While Ability Impaired

Driving while ability impaired in Douglas County, Colorado involves being slightly affected by alcohol or drugs behind the wheel. While less severe than driving under the influence, DWAI sill carries tough penalties. When jail time, fines, and points against your driving record come into play, defendants should seek skilled legal help. As temperatures rise and safer-at-home regulations ease, drivers need to be cautious as to what they do before getting in the driver’s seat. Consult a strategic DWAI lawyer if you’ve been accused of driving while ability impaired in Colorado.

Douglas County DWAI Law

Douglas County’s DWAI law makes driving while affected by alcohol or drugs unlawful. CRS 42-4-1301 addresses the specific elements of driving while ability impaired throughout Colorado. Typically, the blood alcohol concentration for DWAI is:

  • .05% – .079%

When a driver’s BAC reaches or exceeds .08%, a DUI charge applies. Prior to traffic stops, law enforcement often looks for signs of impaired driving such as speeding, weaving, or running a stop sign / light.

If a person is pulled over on suspicion of DWAI or DUI, it is important that they decline any roadside maneuver requests as these are optional. If police decide there is enough probable cause for arrest, they will arrest the driver and take them to the police station. This is where the express consent test (ECT) applies. It is important to not decline this test as doing so will automatically revoke a person’s license.

DWAI Sentencing in Castle Rock

Each DWAI case is different. Therefore, consequences are as well. Driving while ability impaired is a misdemeanor throughout Colorado. If it is your first offense, conviction can result in:

  • 2 days – 6 months in county jail,
  • a maximum fine of $500,
  • 8 DMV points,
  • community service

From there, a second or third conviction (in or from any state) usually increases the jail time, fine amount, and community service time. A fourth conviction is a class 4 felony offense in Colorado.

Driving While Ability Impaired Attorney

Strategic representation is essential in cases of DWAI in Colorado. Perhaps your BAC was under .05%, you weren’t impaired by alcohol or drugs, or the ECT wasn’t reliable. That said, contact our firm for a free consultation. Our experienced DWAI lawyers will carefully look over your unique case and recommend next steps in your defense. We offer affordable fees and flexible payment plans that make accomplished representation a reality in uncertain times.

If you or someone you know has been charged with driving while ability impaired in Colorado, be smart. Contact the determined defense attorneys at Sawyer Legal Group, LLC at 303-265-1950. Together, we can protect your future.

Photo by NeONBRAND

crs 42-4-1301 driving while ability impaired DWAI dwai attorney point limit

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