Defend Against DWAI Charges – DUI Law Firm Denver

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DWAI Denver

Driving While Ability Impaired, or DWAI puts you at risk! If you drive with even the smallest amount of alcohol in your system, you can face stiff penalties.

Don’t handle DWAI charges alone. Find the support you need at DUI Law Firm Denver.

What is DWAI in Colorado?

Colorado has harsh penalties for drinking and driving a motor vehicle. In Colorado, the law considers a DWAI charge a lesser offense than a DUI charge. Yet, the consequences for the offender are often the same.

A DWAI applies to a blood alcohol content (BAC) between 0.05-0.08. As little as one drink raises your BAC the slightest degree to 0.05. DWAI means that the legal system views driving after consuming even the smallest amount of alcohol an impairment of your abilities.

Penalties for First Offense DWAI

On the surface Driving While Ability Impaired is a lesser offense than a DUI. However, the penalties don’t feel lesser! In fact, you can face many of the same consequences as with a DUI charge.

  • 8 points against driver’s license, which impacts auto insurance costs and driving record.

  • Jail sentence of 2 to 180 days. Your freedom is at stake.

  • Fine of $100 to $500, not including other legal fees.

  • 24 to 48 hours of community service.


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We KNOW The Law… And The Science… They’re Using Against You

What to Do When Stopped by An Officer

If you face a traffic stop and the officer suspects you are under the influence of alcohol, you need to understand your rights. Don’t give them any legal leverage. First, an officer must have probable cause to pull you over. If the officer doesn’t have probable cause, we can use this as part of the defense.

Know Your Rights

  • You do not have to tell the officer what you have consumed. This includes food, medicine, drugs, alcohol or any other substances.
  • You do not have to tell the officer the last time you consumed alcohol or drugs.
  • You do not have to tell the officer the last time you drove if you are sitting in a parked car.
  • You do not have to consent to a field sobriety test.

You Have a Right to Remain Silent

We know it will feel awkward and scary to not answer the questions of law enforcement. Yet, the prosecution can use any information you provide against you. Stay calm.

  • Do not admit to using any amount or combination of alcohol or drugs, including over-the-counter or prescription drugs.
  • Do not say when you drank last, even if it was the night before.
  • Do not provide information that works against you.
  • If charged, call DUI Law Firm Denver right away.

Remember, no matter how nice law enforcement seems, they are not on your side. They are looking for information and evidence to support a case against you.

Work with Denver’s Expert DUI Attorneys

DUI Law Firm Denver includes a team of expert attorneys specifically focused on drinking and driving defense. We help achieve the best possible outcome using a foundation of science to question the accuracy of testing. We know Colorado law, the local legal system and the science behind BAC evidence.

  • Our founding attorney, Emilio De Simone, is one of only two attorneys in Colorado to receive the coveted “Lawyer Science” designation from the American Chemical Society.
  • Our team includes former public defenders who have defended and won hundreds of cases.
  • We send two attorneys to court for any cases going to trial. This winning formula uses teamwork to achieve the best solution for you.

Choose the best Denver DUI lawyers to put science to work for you. We have a passion for the law and protecting the rights of the accused.


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  • What is the Difference Between a DWAI and DUI in Colorado?

    The primary difference between a DWAI and DUI is your BAC or blood alcohol level. A BAC between 0.05 to 0.08 results in a DWAI charge. A BAC of 0.08 or higher is a DUI charge. While both carry harsh penalties, a DUI charge is harsher.

    DUI convictions include 12 points against your driver’s license, jail time up to one year, up to a $1,000 fine, community service and license suspension. After the first offense, the penalties become even greater.

    If charged with a DUI, you need a strong defense on your side. You need to establish reasonable doubt and poke holes in the prosecution’s evidence. For example, questioning the accuracy of the BAC could lead to a lesser charge.

  • Is a DWAI a Criminal Charge in Colorado?

    Yes. A DWAI charge is a criminal charge and can negatively impact your future. Therefore, you should take a DWAI charge just as seriously as a DUI charge. While the penalties are slightly less than a DUI charge, they are still severe.

    You face legal penalties, including fines, jail time and community service. Plus, a DWAI goes on your criminal record which could impact future employment and other rights. Any criminal charge is a serious matter that requires the help of dedicated and experienced attorneys.

  • Do I Have to Take a Field Sobriety Test?

    If stopped for suspicion of DWAI, you do not have to consent to a field sobriety test. Until you are under arrest, you have no legal obligation to provide any information to law enforcement. Once arrested, failure to consent to a chemical test can result in legal penalties.

    The officer needs a reason to arrest you. If you do not provide any information, it is harder to justify an arrest. For example, if stopped after consuming one beer, you do not need to tell the officer what you consumed or consent to a field test.

    The officer can place you under arrest and require a blood alcohol test. However, more time passes between the stop and the chemical test, giving your body more time to process the alcohol in your system.

  • Can I Receive a Drunk Driving Charge if I’m Just Buzzed and Not Drunk?

    Yes! In Colorado, driving with a BAC of 0.05 or higher results in a charge. For smaller BAC amounts the charge is a DWAI.

    For people under age 21, any amount of alcohol in your system while driving can lead to a charge. For underage drunk driving, a BAC of 0.02 can result in a Class A traffic infraction. There’s no safe amount of alcohol in your system while driving.

  • What Should I Do If I’ve Been Charged with a DWAI in Denver?

    Act quickly to seek help. Do not plead guilty to a DWAI charge without consulting an attorney first. Contact the legal experts at DUI Law Firm Denver. We focus on drunk driving cases, which gives our clients an advantage. We know the law and how to navigate the legal system to achieve the best outcomes.

Choose the best Denver DUI lawyers to put science to work for you. We have a passion for the law and protecting the rights of the accused.

Act Fast to Protect Your Future!

We start to work on your case right away. We find the best defense based on the evidence of your case. We know how to build a strong defense. We’ve seen many cases where our strategic approach resulted in reduced charges or the charges dismissed.


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