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:
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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