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Driving While Ability Impaired (DWAI) – C.R.S. 42-4-1301

It's not difficult to be charged with a DWAI in Colorado. For example, after attending a summer BBQ and having a couple of drinks, the ability of a person in Denver County to drive could be in jeopardy. As a result, they could be pulled over by police.

Roadside tests such as standing on one leg, saying the ABC's backwards, and other tests are voluntary. If police notice any signs of driving while impaired, such as speeding, weaving in and out of traffic, or failure to stop at a light you may be pulled over. Once pulled over, officers will request that you complete roadside maneuvers such as the one leg stand, finger to nose, and even quoting parts of the alphabet.

These tests are used solely to gather evidence to arrest you. What the officer fails to communicate, and what many drivers don't know, is that these tests are voluntary. If the police officer determines there is probable cause for an arrest, the person will be arrested and taken to the police station and given the option of a breath or blood test. This is called the Express Consent Test (ECT). The ECT is not optional. If refused, the man's license would immediately be revoked.

There are many consequences of a Driving While Ability Impaired (DWAI) or Driving Under the Influence (DUI) charge. These include your arrest, court and court costs, the possible loss of your license, a criminal record, probation, Level 1 or Level 2 alcohol education classes and therapy, and increased insurance rates (SR22 is often required).

Consequences of DWAI or DUI Charges:

  • Arrest
  • Court and Court Costs
  • Possible Loss of License
  • Criminal Record
  • Probation
  • Alchol Education Classes
  • Increased Insurance Rates

Blood Alcohol Content (BAC)

When a driver in Jefferson or Douglas County is charged with a DUI or DWAI, their Blood Alcohol Content (BAC) comes into play. This level is the main piece of evidence the District Attorney will use in court. If the BAC is between .05 and .079, the driver is above the legal limit and will be charged with DWAI. However, if the level is .08 or above, then a Driving Under the Influence (DUI) charge is issued. When an officer testifies in court, he will cite the BAC level and the reasons preceding the traffic stop. If found guilty, there are several possible consequences, such as alcohol treatment, a possible plea bargain, and fines.

Why You Need a DWAI or DUI Criminal Defense Attorney

There is a lot at stake if you have been charged with a DWAI. You could have a difficult time finding employment or a place to live. A criminal record can be devastating for your future. For this reason, if you have been arrested in Arapahoe or Adams County and charged with Driving While Ability Impaired, you need an experienced criminal defense attorney to protect your rights and your driver's license.

– Lawyers With Experience in the Courtroom

At Sawyer Legal Group, our attorneys are familiar with the judicial process when people are accused of a charge involving drinking and driving. We have established relationships with District Attorneys throughout Colorado, and are often able to negotiate terms involving plea agreements.

– Examination of the Evidence

In addition, we will make sure that you are not being overcharged. We will look at the discovery (police report) and examine the alleged evidence against you. We will make sure they had probable cause to arrest you for DWAI in the first place, regardless of your BAC. Having a skilled criminal defense attorney on your side is essential to keeping your future safe. We will do our best to present an unbeatable defense that will give you the best possible options. 

Get Help Now

If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the top criminal defense lawyers at Sawyer Legal Group, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation