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Legal concept

Impairment

Being impaired to the slightest degree, which can support a DWAI charge.

What Right Law Group attorneys say

“So let's take Ambien for example. Ambien is, I'm sure a lot of you have heard, people take Ambien and then they'll wind up downstairs raiding the kitchen fridge, eating a whole bunch of stuff and not remembering it. That's one of the dangers with Ambien is it's one of those more powerful prescription medications. So I've had clients who have actually come and been charged with DUI for having an Ambien in their system, even though it's a prescribed medication, even though we show that they are allowed to have that in their bloodstream, it means that you can still be impaired.”
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin: Different Types of DUI charges in COWatch clip ↗
“The common misconception, though, is people think well, if I'm under that 0.08 then I'm fine. For the DUI you are, but the problem is in Colorado we also have what's called a DWAI, that's driving while ability impaired. For DWAI, it's not where you're driving so that you're so impaired that you can't maybe function, or get home to the level you are at a DUI, but driving while ability impaired means that you're impaired to the slightest degree. And that's still a crime here in Colorado. So, driving with any kind of impairment whatsoever is not a great idea, let's just put that out there. But legally if you are at a 0.05 to a 0.08 you can be criminally charged for driving while ability impaired.”
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin: Different Types of DUI charges in COWatch clip ↗
“driving while ability impaired means that you're impaired to the slightest degree. And that's still a crime here in Colorado.”
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin: Different Types of DUI charges in COWatch clip ↗

Frequently asked questions

If my BAC is under 0.08, can I still be charged with anything in Colorado?

Alexis explains: "The common misconception, though, is people think well, if I'm under that 0.08 then I'm fine. For the DUI you are, but the problem is in Colorado we also have what's called a DWAI, that's driving while ability impaired. For DWAI, it's not where you're driving so that you're so impaired that you can't maybe function, or get home to the level you are at a DUI, but driving while ability impaired means that you're impaired to the slightest degree. And that's still a crime here in Colorado. So, driving with any kind of impairment whatsoever is not a great idea, let's just put that out there. But legally if you are at a 0.05 to a 0.08 you can be criminally charged for driving while ability impaired."

Answered by Alexis Austin Litle · Watch clip ↗
What does driving while ability impaired mean in Colorado?

Alexis explains: "driving while ability impaired means that you're impaired to the slightest degree. And that's still a crime here in Colorado."

Answered by Alexis Austin Litle · Watch clip ↗

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2 answers grounded in Right Law Group sources

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What clients say

The situation

a DUI case

What changed

knows the law and helps represent you to the best of their ability

The result

helped me get a DUI case dismissed in El Paso county

Jason M. Zoe Levesque★★★★★Google verified
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The situation

My DWAI case was over 11 years old and I was faced with the difficulty of now living out of state

What changed

Gannon and the team were able to quash my bench warrant almost immediately

The result

they were able to get my charges dropped and my case dismissed

Gage R. Gannon Becker★★★★★Google verified
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