Experienced Denver, Colorado DWAI and DUI Lawyer
If you are searching for a DWAI attorney Denver, CO residents trust, look no further than Jeff Weeden of WeedenLaw. Attorney Weeden provides aggressive defense for clients facing DWAI charges in Denver, Lakewood, and beyond.
A DWAI conviction carries serious long-term consequences, including jail time, fines, increased insurance premiums, and a permanent mark on your criminal record. As an experienced attorney who has built his career defending clients throughout the Denver metro area against DWAI and DUI charges, Jeff’s pre-trial and courtroom advocacy is supported by a thorough understanding of Colorado’s judicial system.
WeedenLaw offers payment plans and a free consultation so that cost is never a barrier to getting the legal help you need. To consult with a knowledgeable Denver criminal defense attorney, contact our law office at (720) 307-4330 or reach out online today.
What is a DWAI in Colorado?
Driving while ability impaired, or DWAI, is a criminal offense under Colorado law that applies when a driver’s ability to operate a motor vehicle or exercise clear judgment is impaired by alcohol, illegal drugs, or prescription medication. Colorado alcohol limits for driving set different thresholds for DWAI and DUI charges. Police officers determine impairment through a combination of roadside tests, observations of driving behavior, blood draws, breathalyzer tests, and other evidence gathered at the scene.
DWAI vs DUI Colorado
Understanding the difference between a DUI, DUID, and a DWAI is essential to building an effective defense strategy, since each charge carries different legal thresholds and penalties. A typical DUI case requires a blood alcohol content at the legal limit of 0.08 or higher or substantial impairment. Meanwhile, DWAI charges apply to drivers whose ability is impaired to the slightest degree, including those with a BAC between 0.05 and 0.079. It may also apply to cases that don’t involve alcohol at all, including marijuana DUI charges in Denver or other types of drugged driving.
Colorado DWAI Laws
Colorado drunk driving laws establish acceptable BAC limits, means for testing impairment or influence, and the consequences of drunk and drugged driving. The law allows escalating penalties for repeat offenses, making reliable legal representation important any time you’re facing charges. An experienced lawyer like Jeff Weeden understands how state laws affect your case and can explain possible outcomes and defense strategies.
Is a DWAI a Misdemeanor in Colorado?
In most cases, a DWAI in Colorado is classified as a misdemeanor offense. However, charges can escalate depending on the circumstances of your case.
DWAI Colorado: Misdemeanor or Felony?
Having three or more prior convictions of DWAI can elevate the charge to a felony under Colorado law. Aggravating factors such as causing serious bodily injury, having a minor in the vehicle, or driving on a revoked license can also result in enhanced penalties, even on earlier offenses.
Colorado DWAI Penalties
Colorado law imposes a range of penalties for a DWAI conviction that increase in severity based on the number of prior offenses on your record and the specific circumstances of your case. A conviction can result in:
- Jail time
- Significant fines
- Community service
- Probation
- Mandatory alcohol education classes
- Points against your driver’s license that can trigger a suspension
Additional consequences beyond the immediate legal penalties include increased insurance premiums and a permanent criminal record. Working with an experienced DWAI/DUI defense lawyer in Denver gives you the best chance of avoiding a conviction.
DWAI in Colorado – First Offense
A first-time DWAI offense in Colorado carries penalties including 2 to 180 days in jail, fines between $200 and $500, and up to 48 hours of community service. Furthermore, eight points will be added to your driver’s license. Increased insurance premiums and mandatory alcohol education classes are also common consequences of a first-offense DWAI conviction.
The DMV hearing that follows a DWAI arrest operates independently of the criminal case. Generally, you have to request a hearing within 7 days of your arrest if you took a breathalyzer test or refused testing. If you took a blood test, you should request your hearing within 7 days of receiving the results.
DWAI in Colorado – Multiple Offenses
Conviction of a second DWAI offense carries mandatory jail time of 10 days to 1 year in jail, fines up to $1,500, and license suspension of up to 1 year. Upon a fourth or subsequent offense, DWAI becomes a felony. Penalties increase to between 2 and 6 years in prison, 3 years parole, and a 2-year license suspension.
Each subsequent DWAI or DUI conviction increases the likelihood that the prosecuting district attorney will push for the maximum penalties available under Colorado law. This makes it critical to have an equally aggressive defense attorney with significant experience in DWAI cases. WeedenLaw fights to protect clients with prior convictions from facing consequences far beyond what their individual circumstances warrant.
DWAI Colorado Probation Requirements
Colorado courts may impose probation periods of up to 2 years for a first DWAI and up to 4 years for any subsequent offense. Probation conditions typically include regular check-ins with a probation officer, alcohol education classes, community service, and restrictions on travel and behavior. Courts may also require alcohol monitoring through an ignition interlock device, a continuous alcohol monitoring ankle bracelet, or regular testing.
Violating the terms of your probation can result in the imposition of the original jail sentence and additional consequences. A Denver probation violation defense lawyer at WeedenLaw can help clients facing allegations of probation violation.
How Long Does DWAI Stay On Record in Colorado?
In most cases, a DWAI conviction stays on your record permanently. This means that potential employers, landlords, licensing boards, and anyone else who conducts a background check will be able to see the conviction. DWAI charges remain on your driving record for 10 years. During this period, it’s very likely you’ll pay higher insurance premiums.
Being aware of your criminal record is important when planning for your future. Our team offers advice on how to learn whether or not you have a Colorado criminal record and take steps to address any entries that may be affecting your opportunities.
Can You Expunge a DWAI in Colorado?
Colorado generally does not allow expungement of adult DWAI convictions except in limited circumstances. If your case was dismissed or you were wrongly accused and the charges did not result in a conviction, you may qualify for expungement. Eligibility requirements and waiting periods vary depending on the outcome of your case and your overall criminal history. Consulting a qualified expungement attorney in Denver, CO can help you determine whether you qualify to seal your arrest record.
Why You Need Skilled Denver DWAI Defense Lawyers On Your Side
Skilled legal representation is necessary to protect your driving privileges when facing DWAI charges. Working with an aggressive criminal defense attorney in Denver means having someone who will push back on the prosecution’s evidence. With the right defense strategy, your lawyer can pursue reduced charges or have a case dismissed outright.
The Importance of Speaking With a Colorado DWAI Lawyer Early
Contacting a DWAI defense lawyer as early as possible helps you avoid costly mistakes that can seriously damage your case. Phone calls and communications with investigators and prosecutors in the days immediately following an arrest can have a significant impact on how your case develops. Having an attorney managing those interactions protects you at every stage. Furthermore, early intervention allows your attorney time to preserve evidence, identify weaknesses in the prosecution’s case, and develop a thorough defense strategy. The sooner you secure experienced legal counsel, the better positioned you are to make informed decisions about your case.
Why Choose Jeff Weeden as Your DWAI Defense Attorney in Denver, CO?
Jeff Weeden has years of experience in DWAI and DUI defense. If you’re facing criminal charges, he works hard to achieve the most favorable outcome possible. Attorney Weeden uses his familiarity with various defense strategies to your benefit, building a case that is suited to your individual circumstances.
WeedenLaw is committed to accessibility. Attorney Weeden offers payment plans, a free consultation, and responsive communication so clients always feel supported throughout the legal process. When you need a 24-hour attorney in Denver who will fight for your rights in court and before the DMV, Jeff Weeden will support you.
Contact an Experienced Denver DWAI Attorney at WeedenLaw Today!
If you are facing legal troubles involving a DWAI charge in the Denver metro area, do not wait to get the help you need. WeedenLaw provides aggressive DWAI defense for clients throughout Colorado. Jeff Weeden is also experienced in defending against other drug-related charges, including offenses related to illegal substances and prescription drugs. He will review your case, explain your legal options, and build a defense strategy designed to achieve the best possible outcome.
Contact Jeff Weeden’s law firm today at (720) 307-4330 or send a message online to schedule your free consultation with an experienced Denver DWAI and DUI attorney.
