While a DWAI charge comes with less severe penalties than a DUI charge in Colorado, it still has consequences. It is always important to consider your defense options, given the many possible implications of a DWAI charge. An experienced defense lawyer can identify any possible ways to defend against a DWAI charge, including potentially getting your charges dismissed or reduced.
Working with an experienced DUI attorney in Greeley, Colorado, can increase your chances of successfully defending against a DWAI charge and minimizing its effects on your future.
Driving While Ability Impaired (DWAI) is a criminal charge that drivers face when operating a vehicle with a blood alcohol content (BAC) higher than 0.05% but lower than 0.08%. DWAI is a less severe offense than a DUI, which applies when a BAC is over 0.08%.
The penalties of a DWAI charge generally depend on the number of prior convictions. For instance, the first DWAI charge is a misdemeanor offense, which may lead to fines up to $500, possible jail time of 2 to 180 days, up to 2 years of probation, 24 to 48 hours of community service, and 8 points on your DMV driving record.
On the other hand, a fourth DWAI charge is a class four felony that may lead to a jail term of 2 to 6 years, a fine of $2,000 to $5,000, and license revocation of up to 2 years.
Sometimes, presenting the right defense arguments can result in a complete dismissal of your DWAI charges. The following are some potential reasons for such a dismissal.
One of the key reasons why DWAI charges may be dismissed is if there was an unlawful traffic stop or arrest. In order to pull someone over for suspicion of DWAI, law enforcement must have reasonable suspicion that a traffic violation or other offense has occurred. If it is determined that the traffic stop or arrest was conducted without proper cause, any evidence gathered during that stop may be deemed inadmissible in court.
For example, if the officer did not have a valid reason to initiate the traffic stop, such as not observing any traffic violations or having a credible reason to suspect impairment, any evidence stemming from the unlawful stop should be suppressed, including any measurement of BAC or officer observations. Showing constitutional violations can ultimately lead to the dismissal of the DWAI charges, and your skilled defense attorney can thoroughly analyze the circumstances of your case and determine if there were any violations of your constitutional rights.
Another common reason why DWAI charges might get dismissed is if there is insufficient evidence to support the charges. The prosecution must present enough evidence to prove beyond a reasonable doubt that you were operating a vehicle while impaired by drugs or alcohol. This typically includes evidence such as field sobriety test results, breathalyzer or blood test results, and observations made by the arresting officer.
However, there may be instances where the evidence is weak or unreliable. For example, if the results of the breathalyzer or blood test are contested due to issues with calibration or chain of custody, it could cast doubt on the accuracy of the results. Additionally, if the officer’s observations are inconsistent or lack credibility, it could weaken the case against you and lead to a dismissal.
Breathalyzer and blood tests are used to measure blood alcohol concentration and determine impairment. However, these tests are not infallible and can produce inaccurate results for a variety of reasons. If it can be demonstrated that there were errors or deficiencies in the administration or analysis of these tests, it can lead to the dismissal of DWAI charges.
Some potential issues with breath or blood tests include:
An experienced DWAI defense attorney can thoroughly review the test procedures, documentation, and lab reports to identify any irregularities that could cast doubt on the accuracy of the results.
An experienced DUI attorney will advise you on the strongest defense strategy when defending against a DWAI charge. The right lawyer will explore every avenue to minimize or eliminate the consequences you face.
McAdams Law Office is a DUI and criminal defense law firm with an impressive track record of representing drivers facing DWAI charges. Contact us online or at (970) 353-0000 for a free consultation.
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.