Greeley DWAI: Driving While Ability Impaired Attorney

In Greeley, Evans and Johnstown, it does not take much to be charged with Driving While Ability Impaired – C.R.S. 42-4-1301. It is considered to be a lesser charge than DUI because it takes a lesser amount of alcohol in your blood (BAC) to support this charge.

  • DUI- .08 or higher BAC
  • DWAI- .05 to .079 BAC

What is the Definition of DWAI?

Although there is a presumption of DWAI when your blood alcohol is less than .08, the definition for Driving while Ability Impaired is extremely vague. Colorado law defines DWAI as:

Driving a vehicle when a person has consumed alcohol or drugs, or a combination of alcohol and drugs, which 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

The inclusion of “to the slightest degree” leaves much up to a jury’s interpretation in Weld, Morgan, and Logan County. Greeley Police will claim that speeding or an accident was the result of alcohol. However, at the O’Malley Law Office we know that drivers who have had no alcohol speed and are involved in car collisions. In fact, most motor vehicle accidents and speeding incidents have no alcohol involvement at all, a point our attorneys argue in your favor.

Why You Need a Lawyer for Your Driving While Ability Impaired Charges

Because of the ambiguity of the law, attorneys at the O’Malley Law Office look at every aspect of your drinking and driving stop and find the weakness in the district attorney’s case. All the typical reasons a police officer gives for pulling you over, like weaving, speeding, and failing to signal can be explained in an advantageous way to a jury.

CHARGED WITH DRIVING WHILE ABILITY IMPAIRED OR DWAI IN GREELEY OR WELD COUNTY?

Be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O’Malley Law Office.

Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer
in Weld County and the Greeley area for a free consultation. 

Together, we can protect your future.

Get Help Now!