Perhaps you received a DWAI in Douglas County. Is that better than a DUI? Does it mean you are going to be okay? Well, the answer is a combination of positive and negative news.
Driving while ability impaired or DWAI in Colorado is a lesser offense when compared to a DUI. According to Colorado Revised Statute 42-4-1301, "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.
In Colorado a driver who performs either a blood or a breath test and gets between a .05 and .079 is presumed to be driving while ability impaired.
Fortunately, a driver who has a BAC less than .080 will not have to fight their case at the DMV. The DMV only gets involved if the BAC is higher than .080, which means barring a bad driving record or previous points on your MVR (motor vehicle record), you should be okay. But please make sure you do your diligence. Too often our DWAI defense lawyers have heard someone say "I am fine, I have no other points on my record." To be sure we pulled his or her MVR, and sure enough, there were several points on his or her record from that "speeding ticket last year," which our client had forgotten about.
We are DWAI lawyers in Colorado. We take our job to protect you, your family, and your Colorado driver's license very seriously. Email us using this site's form, or just give us a call right now at 303-578-4036. We are the beginning of the solution to your Denver DWAI case.
So if the DMV doesn't care that I got a DWAI, do I still have to fight my case in court?
Unfortunately, yes, if you get a DWAI in Boulder, Adams, Broomfield, Larimer, or anywhere in Colorado. You might not have to fight it at the DMV, but you still have to fight it in criminal court. A first offense does not have a mandatory minimum sentence but you could potentially still face between two days and six months in the county jail.
A DWAI conviction in Colorado will still require a mandatory minimum sentence if you have a prior DUI or DWAI in your lifetime anywhere in the United States. A second DWAI charge and conviction in Arapahoe, Jefferson County, Denver or any other county can result in a mandatory minimum 10 days jail and a maximum sentence of up to one year in the county jail.
A third or subsequent guilty finding on a DWAI in Colorado will result in a mandatory minimum 60 days jail up to a maximum one year in the county jail. The mandatory minimum on a third or subsequent offense may not be served on in home detention (ankle monitor).
Because these harsh DWAI penalties are identical in most ways to a DUI, you need to fight for your freedom and hire the experienced attorneys at Shazam Kianpour & Associates. Call us today for a free consultation at 303-578-4036. You will see why we say "when you need us, we are there for you."
So it looks like DWAI cases in Colorado are just as harsh as DUI cases. Do I have a hope and a prayer?
Despite the mandatory sentences imposed under Colorado DUI and DWAI laws, there is still hope. Through our combined experience in handling alcohol-related driving cases for over 20 years, we have found that not every district attorney and judge in Colorado handles DWAI cases equally. Some courts are willing to use discretion and "give you a break" where other courts may not be willing to be as flexible.
A DWAI in Arapahoe County Court may not be subject to the same sentencing policies as a DWAI in Jefferson County Court. The same applies to other Denver-area courts such as Adams County Court, Weld County, or Denver County court. So don't take chances, and don't look back on today as the day you made one bad decision turn into two bad decisions.
Contact Shazam Kianpour & Associates, P.C., Today to Get Help!
Call us, lawyer up, and fight your DWAI intelligently and aggressively with Colorado DWAI attorneys who know exactly how to handle your particular district attorney and courthouse. We are available to you for free consultations on your DWAI case, and we will be happy to walk you through the steps, protect your rights, and fight for you every step of the way. Call us at 303-578-4036 and schedule your free consultation today!