Court: El Paso County Combined Court, Colorado Springs. Prosecuted by the 4th Judicial District Attorney's Office. 4th Judicial District. Nearest Right Law Group office: Colorado Springs.
Driving while the ability to operate a vehicle is affected to the slightest degree by alcohol or drugs, a lower threshold than DUI.
Court: El Paso County Combined Court, Colorado Springs. Prosecuted by the 4th Judicial District Attorney's Office. 4th Judicial District. Nearest Right Law Group office: Colorado Springs.
“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.”
“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.”
“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.”
“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.”
My DWAI case was over 11 years old and I was faced with the difficulty of now living out of state
Gannon and the team were able to quash my bench warrant almost immediately
they were able to get my charges dropped and my case dismissed
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 ↗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 ↗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 ↗DWAI / Driving While Ability Impaired cases in Manitou Springs are handled by the El Paso County Combined Court, which sits in the 4th Judicial District. As a combined court, it hears both county-court and district-court matters.
Source · Court and DA info ↗DWAI / Driving While Ability Impaired charges in Manitou Springs are prosecuted by the 4th Judicial District Attorney's Office, the elected District Attorney for the 4th Judicial District.
Source · Court and DA info ↗Manitou Springs falls within the 4th Judicial District, and DWAI / Driving While Ability Impaired cases there are heard in the El Paso County Combined Court.
Source · Court and DA info ↗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 ↗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 ↗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 ↗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 ↗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 ↗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 ↗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