DWAI Charge Lawyer in Weld County
5 Key Points About Driving With Ability Impaired in Colorado

Accused of a DWAI charge? Call the O'Malley Law Office at 970-616-6009 to get the best defense attorneys working for you.

In Weld County, a DWAl or Driving While Ability Impaired charge, is a less severe drunk driving charge. While it may be less severe, the consequences from a DWAI conviction can still lead to a criminal record, fines, and points on your license. Here are 5 key points you should know about a Colorado DWAI charge.

1. What is a DWAI, 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:

(g) “Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

As stated above, it is important to note that a person with any degree of alcohol or drugs in their system could be charged with a DWAI.

2. How is a DWAI Proven in Weld County?

In Weld County, a DWAI, unlike a DUI, does not have a set Blood Alcohol Concentration or BAC to be guilty of a DWAI, it only requires an impairment. However, a BAC higher than 0.05% but lower than 0.08% (which is needed to charge with a DUI) is generally thought to impair driving and result in a DWAI charge. A BAC is normally found through a breath or blood test, however if you are pulled over and refuse a test, it is automatically charged as a DUI.

3. What is the Sentence and Penalties with a DWAI in Greeley, Colorado?

In Greeley, Colorado, a DWAI conviction and penalties depends on the number of prior DWAI convictions you have had. For a first DWAI conviction, the penalties are 2 days-180 days in the Weld County Jail, a fine of $200-500, 24-48 hours of community service, and 8 DMV points on your Colorado DMV driving record. For a second DWAI offense, the penalties are 10 days-1 year in jail, a fine of $600-$1,500, 48-120 hours of community service, and 8 points on your DMV driving record. For the third DWAI offense penalties include 60 days-one year in jail, a fine of $600-$1,500, 48-120 hours of community service, and 8 points on your DMV driving record. After a third DWAI it becomes a class 4 felony, similar to what occurs with any combination of DUI and DWAI convictions adding up to four.

4. Will I Lose My License if I am Convicted of a DWAI in Weld County?

Unlike a DUI, in Weld County a DWAI conviction does not result in suspension of your driver’s license, if you have enough points to spare. You acquire 8 points on your license, and if you have 4 or more prior, you will lose your license.  A total of 12 points automatically results in a points suspension.  The penalties for a DWAI are less severe than a DUI (12 points), however it is important to have an experienced DWAI lawyer who fight for your rights in a DWAI and a DUI case.

5. In Greeley, Colorado What are Defenses Against a DWAI?

An experienced lawyer in Greeley, can defend your DWAI case in various ways. Some defenses to a DWAI could include:

  • Your driving was not impaired based on your driving at the time or the BAC level taken of you.
  • The arrest was not lawful, because the officer lacked probable cause after roadside maneuvers.
  • There was no probable cause for pulling you over.

If you or a loved one have been accused of DWAI, it is best to get an experienced defense attorney working for you as quickly as possible. Call 970-616-6009 to meet with a DUI criminal defense lawyer in Weld County and the Greeley area for a free consultation. Together, we can protect your future.

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