Trusted DWAI Colorado defense attorney
If you’ve been charged with DWAI in Colorado, call an experienced DWAI lawyer in Aspen that you can trust. You only have seven days to save your driver’s license and protect your future driving privileges. So why not hire the best attorney right off the bat? Mark Thiessen, the founding DWAI Colorado defense attorney of Thiessen Law Firm, serves the Aspen and Pitkin County area as a trial-tested DUI attorney in Aspen.
Mark is Board Certified in both DUI Defense by the National College for DUI Defense (as approved through the American Bar Association) and DUI Law by the DUI Defense Lawyers Association. In addition, Mark has also earned the American Chemical Society-Chemistry and the Law’s (ACS-CHAL) Forensic Lawyer-Scientist designation — the highest form of scientific recognition available for lawyers.
What does this prove? That Mark Thiessen knows how to get results. Over the years, Mark Thiessen has won hundreds of “Not Guilty” verdicts and thousands of dismissals for his clients. Mark and his team of exceptional attorneys at Thiessen Law Firm have the expertise and knowledge to take on your DWAI Colorado charge.
What is a DWAI in Colorado?
DWAI stands for “driving while ability impaired.” In Colorado, you can be arrested for a DWAI if you’re caught operating a vehicle with a blood alcohol content (BAC) that is greater than 0.05% but less than 0.08%. The state of Colorado must prove that you were operating a vehicle while under the effect of alcohol or drugs to “the slightest degree”, meaning the use of drugs or alcohol has impaired your mental and physical judgment.
What is the difference between DUI and DWAI in Colorado?
To put it simply, a DWAI is a less serious charge than a DUI. Where someone can be charged with a DWAI if their blood alcohol content (BAC) is between 0.05% – 0.08%, someone can be charged with a DUI in Colorado if their BAC is above 0.08%.
Unlike a DUI Colorado 1st offense, your license may not be suspended if this is your first and only offense. You will, however, receive eight demerit points on your Colorado driving record if you are charged with DWAI for the first time.
How can someone be charged with DWAI?
Though a DWAI is less severe than a DUI, it also takes less proof to be charged with DWAI.
In order to be charged with driving while ability impaired, the court must conclude that you were impaired while operating a vehicle. If your blood alcohol content (BAC) is above 0.05%, that is considered strong evidence that you are likely impaired. Though you have the right to refute and challenge these claims legally, you can still be charged with DWAI if your BAC is lower than 0.05%, but only if you exhibit signs of impairment due to the use of drugs or alcohol while operating a vehicle.
Mark Thiessen, an experienced DWAI lawyer, has the trial-tested DUI defense techniques that enable him to fight like no other to fight for your rights, keeping you informed and involved at each step of the way.
Avoid Colorado DWAI penalties with the right DWAI lawyer
If you’re researching DWAI penalties in Colorado, you should also consider hiring a lawyer to help you fight your charges. DWAI penalties can come with severe consequences including revoked driving privileges and even jail time. Penalties become more severe depending on the nature of your conviction, any past convictions, as well as your past driving record. Below are the four types of DWAI offenses and the penalties that come with them if convicted.
First-time offense DWAI in Colorado:
| PENALTY | MINIMUM | MAXIMUM |
| Jail | 2 days jail | 180 days jail |
| Fine | $200 | $500 |
| Mandatory Community Service | 24 hours | 48 hours |
| Probation | 0 years | 2 years |
If a first-time offender has a BAC of above .20, the Court must impose a 10-day jail sentence regardless of whether the conviction is for DUI, DUI per se, or DWAI. The 10 days may be served in sentencing alternative programs under 18-1.3-106 (i.e. work release, home detention, etc.) With convictions of DUI, DUI per se, or DWAI at .20 and above, the Court can also impose additional penalties such as a $1,000 – $1,500 fine and 60 – 120 hours of useful community service. The rest of the penalties are the same as the other first offenses.
Depending on the seriousness of your case, your past driving record, and any past charges, your license may be suspended for up to one year depending on how many points you’ve accumulated on your driving record. If this is a first-time offense, your license may not be suspended.
Second-time DWAI offense:
| PENALTY | MINIMUM | MAXIMUM |
| Jail | 10 days jail | 2 years jail |
| Fine | $600 | $1,500 |
| Community Service | 48 hours | 120 hours |
| Probation | 2 year (mandatory) | 4 year |
A second-time DWAI offender faces one year of driver’s license revocation. Taking a substance abuse course and monitored sobriety may be enforced as well.
Third-time DWAI offense:
| PENALTY | MINIMUM | MAXIMUM |
| Jail | 60 days jail (mandatory) | 2 years jail |
| Fine | $600 | $1,500 |
| Community Service | 48 hours | 120 hours |
| Probation | 2 year (mandatory) | 4 year |
Fourth-time – Felony DWAI offense:
Similar to a felony DUI in Colorado, a fourth-time DWAI charge is prosecuted as a Class 4 felony with three or more prior DUI-related convictions. These include DWAI, DUI or DUI per se, a vehicular assault DUI in Colorado, and/or a vehicular homicide Colorado conviction. It doesn’t matter when in the U.S. or how long ago these convictions occurred.
If charged with a felony DWAI, you’ll also face the following DWAI penalties including a two-year license revocation period.
| PENALTY | MINIMUM | MAXIMUM |
| Jail | 2 years jail | 6 years jail |
| Fine | $2,000 | $500,000 |
| Community Service | 48 hours | 120 hours |
| Probation | 3 (mandatory) | 4 |
How Thiessen Law Firm can help with a DWAI Colorado charge
A DWAI lawyer can use the following defense strategies in your case:
- Proving your BAC was less than 0.05% when you operated the vehicle. Remember, you can still be charged with DWAI if the jury believes you were impaired while driving.
- Proving that your ability to drive was not impaired by the effects of alcohol or drugs.
- Establishing that the officer had no real reason or probable cause to pull you over.
- Proving that the officer failed to read you your rights at the time of the arrest.
- Determining whether or not your DWAI/DUI alcohol or blood test was administered within the Code of Colorado Regulations.
Charged with a DWAI in Colorado? A Thiessen Law Firm DWAI lawyer will fight for your freedom.
If you are charged with DWAI, you only have seven days to save your driver’s license. Hiring the right attorney can make a large difference in the outcome of your case. That’s why you need Mark Thiessen and his team of legal professionals from Thiessen Law Firm. From a first-time DWAI charge to a felony conviction, the aggressive DWAI lawyers at Thiessen Law Firm are here to defend you.
When you work with our attorneys, you’ll notice a stark difference in how we handle cases. We are not afraid of going to trial and we do not back down when fighting for your freedom. Mark Thiessen and his team of experienced attorneys are here to help you defend your driving privileges from a DWAI Colorado charge.
Call Mark Thiessen at 970-233-9000 or contact us online today for a FREE case evaluation.
