DUI Lawyers in Greeley and Weld County, Colorado | How is Driving While Ability Impaired / DWAI Charged in Colorado?

DWAI / Driving While Ability Impaired, C.R.S. 42-4-1301, is an offense charged in Greeley and Weld County, Colorado for drinking and driving.  This crime has a lower threshold than Driving Under the Influence / DUI, given that a BAC of 0.051 – 0.079 can result in DWAI charges.  Additionally, the definition of DWAI only requires that your ability to drive was affected “to the slightest degree” by alcohol.  In other words, if you make one small mistake while you’re driving, you could be charged with DWAI.  If you’ve been charged with Driving While Ability Impaired, don’t wait – contact our top Greeley DWAI lawyers from the O’Malley Law Office today.

Blog Navigation: Colorado’s Law on Driving While Ability Impaired, C.R.S. 42-4-1301 What is the Blood Alcohol Content / BAC for DWAI in Greeley, CO? Weld County Jail Time & Other Penalties for DWAI

Colorado’s Law on Driving While Ability Impaired, C.R.S. 42-4-1301

Colorado’s law on Driving While Ability Impaired, C.R.S. 42-4-1301, is as follows:

In other words, DWAI is generally charged when a person’s ability to drive is affected “to the slightest degree” by alcohol or another psychotropic substance.

What is the Blood Alcohol Content / BAC for DWAI in Greeley, CO?

The Blood Alcohol Content / BAC for DWAI charges in Greeley, CO is 0.051 – 0.079.  What this means is that if you have a BAC in excess of 0.05, you could be charged with Driving While Ability Impaired, even if you drove fairly well at the time you were arrested.  You may not have the BAC level of 0.08 that would warrant a DUI charge, but Colorado law still regards a BAC between 0.051 and 0.079 as dangerous for driving.

Weld County Jail Time & Other Penalties for DWAI

Driving While Ability Impaired / DWAI often entails Weld County Jail time and other penalties.  See the table for a full breakdown of penalties that can result from a DWAI conviction in Colorado:

Number of DUI or DWAI Offenses	Classification	Penalties
1st	Misdemeanor	2 – 180 days in the Weld County Jail Can be waived if the defendant agrees to an alcohol evaluation and Level II Alcohol Education and Treatment. Fine of $200 – $500 + surcharges 24 – 48 hours of community service
2nd	Misdemeanor	10 consecutive days – 1 year in jail Fine of $600 – $1,500 + surcharges 48 – 120 hours of community service License suspension for up to 1 year Alcohol education & treatment + a victim impact panel
3rd	Misdemeanor	60 consecutive days – 1 year in jail Fine of $600 – $1,500 + surcharges 48 – 120 hours of community service License suspension for up to 2 years Alcohol education & treatment + a victim impact panel
4th or more	Class 4 felony / F4	2 – 6 years in the Colorado DOC 3 years of parole after release from prison Fine of $2,000 – $500,000 + surcharges 48 – 120 hours of community service License suspension for up to 2 years Alcohol education & treatment + a victim impact panel

Whether you’ve been charged with your first or your fourth DWAI, these penalties can be costly.  Only an experienced DWAI lawyer can help you see the best possible outcome in your case and ensure that penalties are minimal.  If you have been charged with Driving While Ability Impaired for drinking and driving, call our top Greeley DWAI lawyers today to discuss your case and protect your future.

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If you’ve been charged with Driving While Ability Impaired, remember to be smart, and exercise your right to stay silent.  Do not talk about your charges with the Greeley Police or Weld County Sheriff.  Then call (970) 616-6009 to discuss your case with one of our top DUI lawyers from the O’Malley Law Office today.  Together, we can protect your future.

The location for the Weld County Court is 901 9^th Avenue, Greeley, Colorado. We’ll see you there!

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