When a person is issued a Driving While Ability Impaired Ticket or DWAI, it is because they are suspected of driving under the influence of alcohol. Our DWAI lawyers know that defendants must have a Blood Alcohol Content (BAC) of more than 0.05 but not more than 0.079 to be convicted of a DWAI. Recently in Broomfield, a state representative plead guilty to a DWAI after being stopped by police near a local elementary school. Below, the attorneys at the O’Malley Law Office will discuss Driving While Ability Impaired and how our affordable DUI / DWAI attorneys can help you. If you are facing a DUI or DWAI charge in Larimer County or Fort Collins, you can get help here.
Legal Definition of DWAI, C.R.S. 42-4-1301 (1)(g), in Greeley, Colorado
The legal definition DWAI, C.R.S. 42-4-1301 (1)(g), in Greeley is defined as:
What is the Difference Between a Driving While Ability Impaired Charge or a Driving Under the Influence of Alcohol in Weld County?
The difference between a DWAI charge and a Driving Under the Influence (DUI) charge is the driver’s BAC level. A BAC in excess of 0.05 to 0.079 can be charged as a DWAI while a BAC of 0.08 or more can be charged as a DUI. If the driver’s BAC level was .05 or less, it is presumed they are not Driving Under the Influence or Driving While Ability Impaired. For an underaged driver, the BAC limit is 0.2% for them to be charged with a class A traffic infraction. In the story above, it is possible that the state representative plead to the lesser charge of DWAI. It is important to note that a refusal of a blood test or breathalyzer test can be entered as evidence of guilt and result in more severe consequences.
Penalties and Sentence for a DWAI Ticket in Loveland and Windsor, Colorado
In Loveland and Windsor, Colorado, the sentence for DWAI depends on if you have been convicted of prior charges. A first time DWAI has penalties of 2 days – 180 days in the Weld County Jail, $200 – $500 fine, 24-48 hours of community service, and 8 DMV points on your Colorado DMV driving record or driver’s license. A second Driving While Ability Impaired results in from ten days to one year in the Weld County Jail – but most of this can be suspended. Third DWAI penalties are 60 days – 1 year in jail, $600-$1,500, 48-120 hours of community service and 8 points on your DMV driving record. The most severe is a fourth or more DWAI charge where it is charged as a class 4 felony, with a prison sentence.
Why Hire a Top DWAI / DUI Attorney in Weld County?
The top DWAI / DUI attorneys at the O’Malley Law Office can help get the best outcome in your Weld County case. Our attorneys understand the Weld County Courts and can use different defenses depending on the facts in your case. Plus, every case is different and the facts of your case may open the doors to unique defenses not seen in other cases. If you are facing a DUI charge, our attorneys could help with possibly getting a lesser charge of a DWAI, and decreasing the amount of time you’ll be expected to spend in jail.
What is the Cut-off for a Marijuana Driving Under the Influence of Drugs in Greeley Courts?
Colorado’s cut-off for a Marijuana Driving Under the Influence of Drugs is 5 nanograms or more of delta 9-tetrahydrocannabinol per milliliter in while blood. Penalties for a Driving Under the Influence of Drugs are similar to those for alcohol. If you are a regular Marijuana or Pot user, your body’s tolerance for THC may mask a higher than expected THC level, leading to DUID charges when you felt fine to drive.