Colorado DWAI Lawyer

Facing DWAI Charges? If You Were Charged With DWAI in Colorado You ONLY Have 7 DAYS to Request A DMV Hearing Before Your License Is Suspended.

Colorado is nationally known for having strict DUI laws. People who drive while impaired due to alcohol or drug use are especially likely to face unforgiving penalties. If you are charged with driving while ability impaired (DWAI), you deserve to know your rights so that you may dispute any unwarranted criminal charges against you. By seeking legal representation from an experienced Colorado DWAI and DUI attorney, you can minimize damage to your driving record and secure the best possible outcome with your DWAI case.

When should I call a Colorado Springs DWAI lawyer?

As soon as you possibly can. Acting quickly is critical because you only have a limited amount of time to avoid suspension of your driver’s license. If you were arrested in Colorado for a DWAI after a blood test or breath test, you only have seven days to request a DMV hearing. If you miss this deadline, the state of Colorado will automatically suspend your license.

What is the Difference Between DWAI and DUI Arrest?

The primary difference between a DUI (driving under the influence) and DWAI (driving while ability impaired) is the driver’s blood alcohol content (BAC). According to Colorado DUI laws, if a driver’s BAC is 0.08% or greater, the driver is guilty of DUI. If your BAC is between 0.05% and 0.08%, the offense is typically categorized as DWAI. There are some exceptions to this rule when it comes to DWAI and DUI cases. For instance, a driver who exhibits signs of impairment but has a BAC of less than 0.05% may still be charged with driving under the influence (DUI). While this type of scenario is rare, it illustrates the importance of preventing driving under the influence by fully refraining from alcohol and substance consumption prior to driving.

“Even if your BAC is less than .05 percent (DWAI limit), you can still be charged with a DUI if you show signs of impairment. The only absolute way to ensure you are safe to drive is to have a BAC of zero.” – Colorado Department of Transportation It is important to note that DWAI BAC thresholds are more stringent for younger drivers. For drivers under the age of 21, the BAC limit is tightened to 0.02%, leaving younger drivers increasingly likely to face charges.

What are the penalties for DWAI?

If you are charged with DWAI in Colorado, you may be subject to a variety of unpleasant consequences. The severity of your penalty will depend on your past history of DUI or DWAI convictions. In general, repeat offenders typically receive steeper DWAI and DUI penalties. For instance, they face longer jail sentences and costlier fines. Plus, they are required to place an ignition interlock device (IID) on their vehicles to prevent them from starting their car following alcohol consumption.

Here is a look at the potential penalties you may face for DWAI:

• First-time offenders: Up to $500 in fines and up to 180 days of jail time.
• Second-time offenders: Up to $1,500 in fines and up to one year of jail time, plus a 12-month license suspension and mandatory IID.
• Third-time offenders: Up to $1,500 in fines and up to one year of jail time, plus a 24-month license suspension and mandatory IID.

Keep in mind that if multiple offenses are being addressed from the same driving incident—like reckless driving, vehicular assault, or vehicular homicide—penalties will be much harsher than a standard DWAI or DUI conviction.

How Long Will I Have to Use an IID?

The length of time a drunk driving offender is required to keep an IID on their vehicle depends on the driver’s record and the severity of the DWAI charge. While second-time offenders with relatively minor charges may only have to keep an IID installed for four to 12 months, repeat offenders with serious charges may be required to keep the IID installed for up to five years.

How Long Will a DWAI Stay on My Record?

Colorado is among the states that have no limit on their “look back” period for alcohol-related driving offenses. Unlike some other states that have relatively short look-back periods of five to seven years, Colorado has harsh look-back laws mandating that any and all previous DWAI and DUI offenses will remain on your record for a lifetime. Given the severity of Colorado’s laws, it is especially important to seek legal guidance to help avoid having a tarnished driving record for a lifetime.

How Can a Colorado Springs DWAI and DUI Lawyer Help You?

An experienced DUI lawyer is the key to securing the best possible outcome with DWAI and DUI cases. A top Colorado DWAI attorney will review the details of your DWAI charges and determine the best course of action to take. Here are some specific ways a DWAI and DUI lawyer can help you with your defense:

• Determine whether the enforcement officials were justified in pulling you over
• Review the circumstances of your DWAI or DUI arrest to see if it was illegal
• Ensure that your Colorado DUI test complied with all pertinent regulations
• Screen for noncompliance with Colorado DUI Toxicology Laboratory Certification Standards
• Help minimize penalties and damage to your driving record

We encourage you to reach out to one of our Colorado Springs DWAI and DUI lawyers today to discover how we can help you maximize your chances of a favorable outcome in your DWAI or DUI case.

What is the Sentence for Misdemeanors in Colorado?

Class 1

• 6 to 18 months in county jail, and/or
• $500 to $5,000 in fines
• For extraordinary risk class 1 misdemeanors, the maximum jail sentence is 24 months.
• For 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 48 months if the victim was on duty as a:
  • Peace officer,
  • Emergency medical provider,
  • Firefighter, or
  • Mental health professional at the Department of Human Services.

Class 2

• 3 to 12 months in county jail, and/or
• $250 to $1,000 in fines

What Are Colorado Felony Penalties?

Class 1

• Life imprisonment
• No Colorado crime carries the death penalty.

Class 2

• 8 – 24 years in Colorado State Prison, and/or
• $5,000 – $1,000,000
• 5 years of mandatory parole if the offense is a crime of violence. Otherwise, 3 years of mandatory parole.

Class 3

• 4-12 years in prison
• Fines of up to $750,000 but not less than $3,000
• 3 years of parole

Class 4

• 2 – 6 years in prison, and/or
• $2,000 – $500,000
• 3 years of mandatory parole
• For extraordinary risk class 4 felonies, the maximum sentence is 8 years in prison.

Class 5

• 1 – 3 years in prison, and/or
• $1,000 – $100,000
• 2 years of mandatory parole
• For extraordinary risk class 5 felonies, the maximum sentence is 4 years in prison.

Class 6

• 1 – 18 months years in prison, and/or
• $1,000 – $100,000
• 1 year of mandatory parole
• For extraordinary risk class 6 felonies, the maximum sentence is 2 years in prison.