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DWAI / Driving While Ability Impaired defense in Douglas County, Colorado

Court: Douglas County Combined Court, Castle Rock. Prosecuted by the 23rd Judicial District Attorney's Office. 23rd Judicial District. Nearest Right Law Group office: Castle Rock.

About this charge

Driving while the ability to operate a vehicle is affected to the slightest degree by alcohol or drugs, a lower threshold than DUI.

About Douglas County courts

Court: Douglas County Combined Court, Castle Rock. Prosecuted by the 23rd Judicial District Attorney's Office. 23rd Judicial District. Nearest Right Law Group office: Castle Rock.

What Right Law Group attorneys say

A good question that's come up with a lot of my clients is what happens if you're not quite at that 0.08, but you have some alcohol in your system. With the DMV, the way that they are set up, if you are below 0.08 they're not gonna revoke your license. Now, that doesn't mean that you're not gonna have issues with the criminal justice system. That's a completely separate entity, but for the purposes of the Department of Motor Vehicles, initially, if you're below that 0.08, they're not gonna revoke your license.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin: How a DUI affects your licenseWatch 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 ↗
So, misdemeanor world you have DUI alcohol, DWAI alcohol, and then you have DUI with THC, that five nanograms, and technically the district attorneys can also file charges for you to have a DWAI for THC if it's under the five nanograms. Now that is a little bit of a stronger case for us because we can combat that a little bit with research that's come out from Boston, Massachusetts and a couple of other places. But those are what you're looking at for misdemeanor levels.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin: Different Types of DUI charges in COWatch clip ↗
So it's not just DUIs gotten here in Colorado, it's DUIs nationwide, anytime. The other issue is, is they include everything. They include DUIs, they include DWAIs, and some judges will even consider a deferred sentence DUI as that necessary threshold to prove a prior driving under the influence offense and they can use that to get you on a DUI felony offense.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin: Different Types of DUI charges in COWatch clip ↗

Key legal concepts

Penalties

  • DWAI Community Service
  • DWAI Fine$200–$1,500
  • DWAI Jail Time2 days to 1 year
  • DWAI Probationup to 2 years
  • License Suspension

What clients say

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
Read the full review ›
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Frequently asked questions

Am I going to be required to do alcohol classes or some kind of treatment program if I'm convicted?

Alexis explains: "dui cases you're going to have to go if you are convicted or take a plea for anything that is an alcohol related offense if it's the dui if it's a dwai even if it's what we call a wet reckless if you have any of those please you have to do alcohol treatment and therapy"

Answered by Alexis Austin Litle · View source
What is the Driving While Ability Impaired (DWAI) law in Colorado?

Right Law Group's guide explains: "Understanding the nuances of the law is crucial for effective representation. One such law is the Driving While Ability Impaired (DWAI) statute."

Source · Read guide
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
How are DWAI / Driving While Ability Impaired cases handled in the Combined Court?

DWAI / Driving While Ability Impaired cases in Douglas County are handled by the Douglas County Combined Court, which sits in the 23rd Judicial District. As a combined court, it hears both county-court and district-court matters.

Source · Court and DA info
Who prosecutes DWAI / Driving While Ability Impaired charges?

DWAI / Driving While Ability Impaired charges in Douglas County are prosecuted by the 23rd Judicial District Attorney's Office, the elected District Attorney for the 23rd Judicial District.

Source · Court and DA info
What judicial district covers DWAI / Driving While Ability Impaired cases?

Douglas County falls within the 23rd Judicial District, and DWAI / Driving While Ability Impaired cases there are heard in the Douglas County Combined Court.

Source · Court and DA info
Isn't a first-time DWAI basically just a traffic ticket and not an actual criminal charge?

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 · View source
I have never dealt with a criminal defense attorney before and I do not understand how legal fees are set. How does the cost get figured out?

If you have never worked with a criminal defense attorney, it helps to know the firm’s pricing is built from real case data rather than guesswork. Alexis explains: "we looked at what the average standard industry standard is for attorneys paralegals legal assistance we set that hourly rate and then we averaged all of that out and we got the base amount the average amount of cost for a dui case in colorado springs". She describes setting an hourly rate from the industry standard for attorneys, paralegals, and legal assistants, then averaging everything out across the firm’s cases. Averaging those figures together is how the firm arrives at the base, average cost for a DUI case in Colorado Springs.

Answered by Alexis Austin Litle · Watch clip
The retainer agreement still says DUI on it, but I thought I was charged with a DWAI. Is this definitely a DWAI and not a DUI?

Seeing the word DUI on the retainer can be confusing when you believe you are charged with a DWAI, so it helps to understand how Colorado separates the two. Alexis explains: "But legally if you are at a 0.05 to a 0.08 you can be criminally charged for driving while ability impaired." She describes a DWAI, driving while ability impaired, as being impaired to the slightest degree, which is a separate offense from a DUI. By her explanation, a reading in that 0.05 to 0.08 range is what supports a DWAI rather than a DUI, which is the distinction your charge turns on.

Answered by Alexis Austin Litle · Watch clip
I just accepted a job that requires me to drive and I start next week, but now I am told my license could be suspended if I miss the express consent deadline. If that happens, am I going to lose this new job before I even begin?

A suspension can reach a new job that depends on driving, and the firm’s guidance speaks to how employers treat a missing license. The firm’s guide on why you need a Colorado Springs DUI attorney puts it plainly: "They are not allowed to refuse to hire you because you don’t have a car but can require a driver’s license even if the position doesn’t involve driving." It explains that some employers may also require that you have a driver’s license, and warns that as a result you may lose your job and may have major problems finding a new one. On that guidance, a license a new role relies on is exactly the kind of thing a suspension can put at risk.

Source · Read guide
I was told I have seven days to request a DMV hearing or I lose my license, but the officer never mentioned any of this. What is this express consent and DMV hearing process, and what does it mean for me?

The DMV side of a DUI is its own process, separate from the criminal case, and the deadline the agent mentioned is real. Jimmy explains: "Your DMV case is completely separate from your criminal court case. And the deadlines come fast. You have just seven calendar days from the date of your arrest to request a DMV hearing. If you miss that deadline, your license suspension becomes automatic. No extensions, no explanations, no second chances." He stresses these are seven calendar days from the date of arrest, so the window closes fast even if the officer never walked you through it. If that deadline passes, Jimmy says the suspension becomes automatic, and he calls it one of the most common ways people lose their license without ever stepping into a courtroom.

Answered by Jimmy Litle · Watch clip
I am looking for a lawyer for a DWAI charge and I am not sure your firm takes that kind of case. Do you handle DWAI cases?

Yes, a DWAI is squarely the kind of case the firm handles. The firm’s DUI and DWAI page states: "If you or a loved one has been charged with a DUI (Driving Under the Influence), DWAI (Driving While Ability Impaired), or DUI Per Se in Colorado, you need an experienced DUI defense attorney on your side." It groups DWAI together with DUI and DUI Per Se as Colorado impaired-driving charges the firm defends, so a DWAI charge is not outside what they take on. The same page spells DWAI out as Driving While Ability Impaired, confirming it is treated as one of these impaired-driving matters.

Source · Read guide
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

Each answer links directly to the source where a Right Law Group attorney addressed this question.

13 answers grounded in Right Law Group sources

Other charges in Douglas County

DWAI / Driving While Ability Impaired defense in other areas