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Facing a DWAI charge can be incredibly daunting and stressful. Even if you’ve never encountered legal trouble before, it’s crucial to fully understand what you’re up against and the potential consequences you may face. DWAI, or Driving While Ability Impaired, can carry serious penalties that significantly impact your life.

At the Law Offices of Steven J. Pisani, our experienced Denver drug lawyer is dedicated to guiding you through this challenging time. We are here to thoroughly explain DWAI charges, the legal process involved, and your rights following an arrest. With our support, you can confidently navigate this situation and make informed decisions about your case.

What is DWAI?

In Colorado, DWAI stands for Driving While Ability Impaired. It means that your ability to drive is affected even slightly by alcohol, drugs, or a combination of both. Unlike DUI (Driving Under the Influence), which requires a higher level of impairment, DWAI can be charged with a lower Blood Alcohol Concentration (BAC).

Legal Blood Alcohol Concentration (BAC) Limits

For a DWAI in Colorado, a BAC of 0.05% to 0.08% qualifies for charges. For a DUI, the BAC threshold is 0.08% or more. While the numbers might seem small, the distinction between DWAI and DUI impacts the severity of penalties and consequences.

Penalties and Consequences for DWAI in Colorado

Individuals facing DWAI charges should contact a Denver drug lawyer right away. The consequences of these charges can be significant and lasting. Potential consequences for these charges will depend on whether it is a first-time DWAI arrest or a subsequent charge. Potential consequences include:

First Offense

If you are convicted of a DWAI for the first time, you can face fines ranging from $200 to $500. Jail time can last two to 180 days, and you’ll also have to complete 24 to 48 hours of community service.

Subsequent Offenses

If you are convicted of multiple DWAI offenses, the penalties become stiffer. Fines can increase significantly, and you might face longer jail sentences. Community service and other court-mandated programs will also increase.

License Suspension

A DWAI conviction can lead to a suspension of your driver’s license. The duration can vary, but losing your driving privileges can significantly disrupt your daily life.

Restricted Licenses

It’s possible to obtain a restricted license, allowing you to drive to work or medical appointments. However, certain conditions must be met, and approval is not guaranteed.

Impact on Employment

Having a DWAI conviction on your record can affect your job prospects. Many employers conduct background checks; a criminal record could disqualify you from certain positions or professional licenses.

Insurance Rates

Auto insurance premiums often increase substantially following a DWAI conviction. Insurers view you as a higher risk, leading to higher costs.

Criminal Record

A DWAI conviction stays on your criminal record, potentially affecting various aspects of your life. Housing applications, loan approvals, and other background checks may be impacted.

Your Rights When Facing DWAI Charges

Knowing your rights after being arrested for DWAI is crucial. You should exercise the following:

Right to Remain Silent

When arrested, you have the right to remain silent. Exercising this right can prevent you from inadvertently incriminating yourself. Anything you say can be used against you in court.

Right to a Denver Criminal Defense Lawyer

Having a lawyer present during questioning and court proceedings is crucial. An experienced Denver criminal defense attorney ensures your rights are protected and helps develop a defense strategy tailored to your case.

Right to a Fair Trial

You are entitled to a fair and impartial trial. Legal protections ensure the process is just and that any bias or procedural errors can be challenged. It is always in your best interest to contact a Denver criminal defense attorney as soon as possible when facing an arrest.

Defending Against DWAI Charges

There are several ways that your Denver criminal defense lawyer will help defend you against a DWAI charge. Some of the actions your attorney may take include:

Challenging Evidence

Your criminal defense lawyer in Denver will challenge the evidence that is used against you. This could include:

  • Breathalyzer Tests: Breathalyzer tests are not infallible. Issues like improper calibration or administration can affect accuracy. A skilled attorney can challenge the validity of these tests.
  • Field Sobriety Tests: Field sobriety tests are subjective and can be influenced by various factors. Medical conditions, nerves, and even the testing environment can impact performance. These factors can be scrutinized during your defense.

Questioning Arrest Procedures

Your criminal defense lawyer in Denver may argue that proper procedures were not exercised during the arrest. This can include:

  • Legal Procedures: Proper procedures must be followed during your arrest. Any deviation or violation can weaken the prosecution’s case against you.
  • Potential Violations: Identifying procedural violations is crucial. If your rights were violated during the arrest, it could lead to evidence being deemed inadmissible in court.

Alternative Explanations for Impairment

Your criminal defense lawyer in Denver may also argue that other factors caused false positive results. These arguments may include:

  • Medical Conditions: Certain medical conditions or medications can mimic impairment. If applicable, these factors can be presented in your defense to explain any perceived impairment.
  • Fatigue or Stress: Fatigue, stress, or other non-alcohol-related factors can contribute to perceived impairment. Your attorney can present this context to challenge the charges.

Steps to Take if Charged with DWAI

It’s imperative to find a lawyer experienced in handling DWAI cases. Our Denver criminal defense lawyer has the experience and knowledge to guide you through the legal process. Other steps you need to take include:

Gather Evidence and Documentation

Collect all relevant evidence, including police reports, medical records, and witness statements. This information is vital for building a strong defense.

Attend All Court Hearings

Ensure you attend all scheduled court appearances and comply with court orders. Missing a court date can have severe consequences.

Follow Legal Advice

Adhere to your attorney’s advice throughout the legal process. Their guidance is based on experience and a thorough understanding of the law.

The Role of a Criminal Defense Attorney in DWAI Cases

A criminal defense attorney provides knowledgeable legal advice. They understand the complex nature of DWAI laws and can offer invaluable guidance. Some of the ways your attorney will help include:

Case Evaluation and Strategy

An attorney evaluates your case and develops a defense strategy based on the specifics of your situation. This personalized approach enhances your chances of a favorable outcome.

Negotiation and Settlement

Your attorney can negotiate plea deals or alternative sentencing options which aim to reduce the severity of your charges or penalties.

Representation in Court

During court proceedings, your attorney advocates on your behalf, ensuring your rights are protected and presenting a strong defense.

Contact Our Denver Drug Lawyer Today

If you or someone you know is facing DWAI charges, don’t hesitate to contact our knowledgeable Denver criminal defense attorney at the Law Offices of Steven J. Pisani for a consultation. Your future is too important to leave to chance.

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