DWAI Lawyers in Denver Helping you with a Reduced, Dismissed DWAI Conviction
Colorado law prohibits a person from driving any vehicle while under the influence of alcohol or drugs and operating a vehicle outside of the legal limit. Driving a truck, car, motorcycle, or another motor vehicle while impaired by these substances is considered a crime in most states and a punishable offense.
Driving under the influence of alcohol (“DUI”) and driving while ability impaired (“DWAI”) is considered any person that’s consumed one more controlled substance or combined both drugs and alcohol before getting behind the wheel.
Impaired driving is a substantial problem in Denver, Colorado, as traffic-related deaths have increased significantly in recent years, according to chieftain.com. Police officers are finding that drivers are showing more than one impairing substance in their systems, and it’s led to a 44 percent increase in the number of fatal wrecks since 2019.
The laws around DUIs and DWAIs are constantly changing, and every situation is unique, which is why an experienced DUI attorney can possibly change the outcome of your situation.
If you have committed your first-time DWAI or believe you have been wrongly accused of driving under the influence, don’t lose your driving privileges or assume you’re guilty before being charged. Book a free consultation with a DUI or DWAI attorney in our Denver office and see if you have a case at (303) 564-7313.
What is a DWAI?
Having any substance in your body, whether drugs or alcohol, pose a dangerous threat to you and other drivers on the road.
Driving while ability impaired in Denver, Colorado, is considered operating a motor vehicle with a blood alcohol content (BAC) of greater than 0.05 percent but less than 0.08 percent. Police could charge a person with a DWAI if the driver was slightly influenced by drugs or alcohol.
In Colorado, a DWAI can carry a small fine and lesser penalties than a first-time DUI, which typically include:
- Two days to 180 days in jail
- Fines of $200 to $500
- 24 to 48 hours of community service
- Eight demerit points on a driver’s license
For repeat offenders, whether multiple DUI DWAI offenses, a harsher penalty is the reality. A second or third-time offense carries:
- Fines of $600 to $1,500
- Ten days to one year in jail for a second offense, 60 days to one year in jail for a third offense
- 48 to 120 hours of community service
After the third time, the punishment could include up to ten years in prison. A DWAI is considered a misdemeanor charge, though while it’s less serious than a DUI, it can impact your record with criminal charges.
Engaging a Denver DWAI lawyer in our law office after your arrest is an important first step after getting caught driving while under the influence and preventing jail time and other sentencing
What is the Difference Between a DUI and DWAI?
It doesn’t take much evidence to consider a driver to be impaired or altered by alcohol or drugs or a combination of both while driving in Colorado. A police officer with reasonable suspicion can pull a person over if they are driving recklessly, negligently, or in another manner unsafe for the road.
If a person is mentally or physically altered and cannot exercise clear judgment or maintain physical control of a vehicle, they might be considered “impaired” and be charged with a DWAI. If drugs and alcohol are involved, it could be a possible DUI DWAI charge. A DUI is similar in that a police officer might have probable cause to pull you over if you’re swerving, speeding, driving in a distracted manner, or displaying other poor behavior on the road.
DWAIs require a blood and breath test to determine blood alcohol concentration, whereas DUIs traditionally rely on breathalyzer tests. From a legal perspective, DUIs and DWAIs carry different charges as impairment, with the latter does not pose as serious a threat as driving under the influence of alcohol.
DUIs and DWAIs are serious matters and can negatively influence your future in a number of ways. Your driver’s license could be suspended, your insurance rates could increase, and you could face high court costs, a criminal record, community service, and even jail time.
A defense attorney with Ragab Law Firm, P.C. can help you face the consequences and make tough decisions after arraignment, including plea bargains, negotiated terms, or reduced or minimized sentences and fines.
Will a DWAI Charge Stay on My Record Forever?
Some mistakes in life will be permanent, and if you are convicted of DWAI, there are only limited circumstances in which you can expunge your criminal record after driving while ability impaired. Most people, often than not, will fall outside of the exception.
In general, while DWAIs are a newer concept, Denver, CO, happens to be a state with some of the toughest DUI and DWAI penalties in the country if found guilty.
A Colorado DWAI conviction will stay on your criminal record forever. There is no way to seal or expunge your record after you have been found guilty.
One exception, however, is in the case of underage drinking and driving (UDD) and juvenile cases. Individuals adjudicated delinquent of DWAI in juvenile court can typically apply for an expungement after one year of completing probation and meeting other conditions and terms as required by Colorado law.
If this sounds like your situation, and you are in Jefferson County, Douglas County, Adams County, or Arapahoe County, you have a defense lawyer in your backyard who can review your record and help you file a motion to the court, file the necessary paperwork and represent you in court.
With the right attorney by your side, like Ragab Law Firm, P.C., you might have a chance to change your future and clear the criminal record that’s been holding you back. Explore your options when you book a free consultation today: (303) 564-7313.
Lessen the Impact of a DWAI Charge and Protect Your Future
To determine guilt or innocence in a DWAI case is proving whether a driver was impaired to the slightest degree. And without professional legal knowledge and representation, and especially in the instance of a first-time offense, you may not know what your options are after being convicted.
There’s slightly more room for interpretation with a DWAI incident, as a prosecutor must link substances involved to poor driving behavior and the blood alcohol content of the driver. For instance, blood alcohol content (BAC) over 0.05 does not automatically result in a guilty conviction.
With a variety of factors at play and ever-changing DWAI laws, our knowledgeable attorneys with Ragab Law Firm, P.C. will evaluate your situation and come up with a possible DWAI defense in an attempt to lessen your penalties, fines or sentence and minimize the impact of your driving while ability impaired incident. The attorney-client relationship is the cornerstone of our business, and we will fight for the best possible outcome on your behalf.
If you need DUI DWAI legal counsel and guidance in Douglas County, Jefferson County, Arapahoe County, or Adams County, make our law firm your first call and turn your situation around. When you’re faced with a DWAI charge, increase your chances of a better outcome and book a free consultation with Ragab Law Firm, P.C. today at (303) 564-7313.