In Weld County, when a person’s Blood Alcohol Content (BAC) is above .05% but lower than .08% they can be charged with Driving While Ability Impaired (DWAI). This traffic misdemeanor offense has less severe punishment than a DUI, or Driving Under the Influence, however, you still face time in jail, fines, and points on your license. The top DWAI lawyers at the O’Malley Law Office have over 30 years of experience in criminal traffic cases. Below our lawyers will discuss a DWAI charge. If you are facing this charge in Larimer County, get help here.
What is the Definition of Driving While Ability Impaired, C.R.S. 42-4-1301 (1)(g), in Greeley, Colorado?
A DWAI, C.R.S. 42-4-1301 (1)(g), in Greeley is defined as:
It is important to note that in an underage DWAI, the BAC limit is .02% and if a person’s BAC is over .08% then they will be charged with DUI which has more severe penalties.
What Happens if you Refuse a Breath or Blood Test in for a DWAI or DUI Charge in Weld County?
It may seem easier in Weld County if you refuse a chemical Breath or Blood Test for a DWAI or DUI charge. However, if you are deemed a “refusal” because you refuse to test, the consequences may be more severe – including an automatic year-long driver’s license suspension, being deemed a Persistent Drunk Driver, extensive drug and alcohol treatment, as well as an ignition interlock device on your vehicle. While many of these consequences occur even if you take and fail the BAC test limits, the punishment can be more severe in respects if you refuse to take the test. Police and lawyers call this a “refusal.”
Greeley, Colorado, Punishment and Sentence for Driving While Ability Impaired Under C.R.S. 42-4-1301
In Greeley, Colorado, a DWAI / DUI conviction, and the penalties depend on the number of prior convictions you have had, and your blood alcohol level while driving.
- First DWAI Penalties
- 2 days – 180 days in the Weld County Jail
- $200 – $500 fine
- 24-48 hours of community service
- 8 DMV points on your Colorado DMV driving record or driver’s license
- Second DWAI Penalties
- 10 days-1 year in jail
- $600-$1,500
- 48-120 hours of community service
- 8 points on your DMV driving record
- Third DWAI Penalties
- 60 days – one year in jail
- $600-$1,500
- 48-120 hours of community service
- 8 points on your DMV driving record
- Fourth and later DWAI and DUI Penalties are based on a class 4 felony.
After a third DWAI it becomes a class 4 felony. The consequences of any combination of 4 DWAI, DUI or DUI per se is a class 4 felony with penalties of a fine of $2,000-$500,000, 2 – 6 years in Colorado State Prison, 3 years of mandatory parole, and a 2-year driver’s license suspension.
It is important to note that unlike a DUI, an 8 point DWAI will not result in an automatic license suspension. 12 points on your DMV driving record will cause a license suspension and a DWAI conviction will only add 8 points to your license. As a result, you might still be able to keep your driving privilege if don’t have more than three other points on your license.
Why Hire a Top Weld County Defense Lawyer in Defense of a Driving While Ability Impaired Charge?
In Weld County, having an experienced criminal defense lawyer can make all the difference in your DWAI case. Our lawyers will use their skills and knowledge of the Weld County Court System to help get you the best outcome in your case. There are many ways criminal defense lawyers can defend against a DWAI charge. Some common defenses are:
- Your poor driving was not influenced by drugs or alcohol.
- Your suspicious driving was the result of prescribed medicines which you did not realize would make you dizzy.
- Your BAC was actually less than .05%.
- There was no probable cause to pull you over.
If you or a loved one have been accused of a DWAI charge, it is best to get an experienced defense attorney working for you as quickly as possible. Call 970-616-6009 to meet with a DWAI criminal defense lawyer in Weld County and the Greeley area for a free consultation. Together, we can protect your future.
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