Getting charged with a DWAI (Driving While Ability Impaired) in Colorado can be a daunting experience.

The laws surrounding DWAI charges are complex, and the penalties can be severe, but with the proper legal representation, you can navigate this challenging situation.

Here’s a detailed look at the DWAI defense in Colorado and how Patricia Perello, a seasoned attorney in Colorado Springs, can assist you.

Understanding DWAI In Colorado

In Colorado, DWAI is a criminal charge for driving a motor vehicle while your blood alcohol content (BAC) is between 0.05% and 0.08%, a level considered to impair your ability to drive safely.

A first-time DWAI is classified as a traffic misdemeanor, leading to two to 180 days in jail, fines ranging from $200 to $500, and 24 to 48 hours of community service. This is less severe than a DUI (Driving Under the Influence), but driving while impaired charges can still significantly affect your life, including potentially losing your driving privileges.

What Is DWAI In Colorado?

DWAI stands for “Driving While Ability Impaired” in Colorado. In the context of Colorado’s driving laws, DWAI refers to operating a motor vehicle when a person’s ability to drive has been impaired to the slightest degree by alcohol, drugs, or a combination of both, even if they are below the legal limit for DUI (Driving Under the Influence).

Both DWAI and DUI charges carry legal penalties, but DWAI is generally seen as a lesser offense than DUI. However, the consequences for either offense can be severe, including fines, jail time, loss of driving privileges, and mandatory alcohol education and treatment programs.

Is DWAI Different From DUI?

DWAI (Driving While Ability Impaired) and DUI (Driving Under the Influence) are two distinct offenses in Colorado’s driving laws. DWAI pertains to drivers whose ability is slightly impaired by alcohol or drugs, often with a BAC of 0.05% to 0.079%. Conversely, DUI indicates a greater level of impairment, typically associated with a BAC of 0.08% or higher.

While DWAI and DUI are serious offenses with legal consequences, DUI generally carries more severe penalties, such as higher fines and longer jail sentences. Although considered a lesser offense, DWAI can still result in fines, jail time, and other penalties. It’s crucial for individuals facing either charge to seek legal advice.

How Is A DWAI Proved?

Proving a DWAI (Driving While Ability Impaired) in Colorado involves gathering evidence that demonstrates a driver’s ability to operate a motor vehicle was impaired to the slightest degree by alcohol, drugs, or a combination of both. Here’s how it’s typically proven:

1. Observation of Driving Behavior: Law enforcement officers often note erratic or unusual driving patterns, such as weaving, swerving, speeding, driving too slowly, or failing to obey traffic signs and signals.
2. Field Sobriety Tests (FSTs): If the officer suspects impairment, they might ask the driver to perform a series of standardized physical and cognitive tasks after pulling a driver over. Examples include the one-leg stand, walk-and-turn, and horizontal gaze nystagmus tests. Poor performance on these tests can indicate impairment.
3. Chemical Tests: Blood, breath, or urine tests can determine the level of alcohol or drugs in a driver’s system. In Colorado, a BAC (Blood Alcohol Content) of 0.05% to 0.079% can support a DWAI charge, although a person can be charged with DWAI even with a BAC below 0.05% if other evidence suggests impairment.
4. Officer Testimony: In court, the arresting officer’s testimony regarding the driver’s appearance, behavior, and statements can be pivotal. Indications of impairment might include bloodshot eyes, slurred speech, the smell of alcohol, or admissions by the driver about their substance use.
5. Other Evidence: This can include testimonies from other witnesses, surveillance or dashcam footage, and any evidence of drug or alcohol containers in the vehicle.

What Are The Penalties For DWAI In Colorado?

In Colorado, the penalties for a DWAI (Driving While Ability Impaired) can vary based on whether it’s a first-time or subsequent offense. Here’s a general overview of the potential penalties for DWAI:

1. First Offense DWAI:

• Jail time: Between 2 to 180 days.
• Fines: Between $200 and $500.
• Public service: 24 to 48 hours of community service.
• Probation: Up to 2 years.
• License suspension: While a first-offense DWAI does not typically result in a license suspension solely based on the conviction, accumulating too many points on one’s driving record can lead to a suspension.

2. Second Offense DWAI:

• Jail time: Between 10 days to 1 year.
• Fines: Between $600 to $1,500.
• Public service: 48 to 120 hours of community service.
• Probation: Up to 2 years.
• License suspension: Potential 1-year suspension.
• Mandatory alcohol education and therapy.

3. Third and Subsequent DWAI Offenses:

• Jail time: Between 60 days to 1 year (with no possibility of parole or suspended sentence).
• Fines: Between $600 to $1,500.
• Public service: 48 to 120 hours of community service.
• Probation: Up to 2 years.
• License suspension: Potential 2-year suspension.
• Mandatory alcohol education and therapy.

Additional factors can also influence these penalties, including aggravating factors such as causing bodily injury, having a minor in the vehicle, or having an extremely high BAC. It’s also essential to understand that the legal landscape can change, and penalties might be updated over time. Therefore, if someone faces a DWAI charge in Colorado, it’s advisable to consult with a legal professional familiar with the current statutes and penalties.

The Role Of A DWAI Defense Lawyer

A DWAI (Driving While Ability Impaired) defense lawyer is crucial in defending individuals with DWAI offenses. Here are the responsibilities and roles of a DWAI defense lawyer:

1. Legal Guidance:

• The defense lawyer offers advice to the accused on the best course of action, explaining the implications of pleading guilty or not guilty, and provides insights into the potential outcomes of the case.

2. Case Analysis:

• The attorney reviews the arrest details, including the police report, field sobriety tests, chemical test results, and other relevant evidence.
• They identify any inconsistencies or procedural errors that might have occurred during the arrest or evidence collection.

3. Evidence Challenge:

• One of the primary roles of a DWAI defense lawyer is to challenge the evidence presented by the prosecution.
• This could involve questioning the accuracy of breathalyzers or blood tests, the methods used in their administration, or the qualification and actions of the arresting officer.

4. Representation in Court:

• The lawyer represents the accused in court proceedings, protecting the client’s rights.
• They handle pre-trial motions, negotiations with prosecutors, and the trial itself, if necessary.

5. Negotiation:

• Often, defense attorneys negotiate with prosecutors for a reduced sentence or a plea deal, especially if they believe the evidence against their client can be challenged effectively or if mitigating circumstances exist.

6. Sentencing Advocacy:

• Suppose a client is found guilty or pleads guilty. In that case, the defense attorney advocates for a lenient sentence presents mitigating factors, and emphasizes aspects like the client’s character, remorse, or lack of a criminal record.

7. Emotional and Moral Support:

• Beyond the legal aspects, being charged with a DWAI can be a stressful and emotionally taxing experience. A defense lawyer often provides moral support, helping clients cope with the anxieties and uncertainties of the legal process.

8. Stay Updated on Laws and Regulations:

• DWAI laws and regulations can change. A defense attorney must stay updated on these changes to provide the best defense possible.

Building A Strong DWAI Defense

Patricia M. Perello offers a comprehensive guide for those seeking expert strategies in navigating DWAI cases. Drawing from years of courtroom experience, Perello provides a blend of legal insights and practical advice, setting her work apart from typical legal manuals.

1. Understanding the Traffic Stop:

• Patricia emphasizes the fundamental need to scrutinize the initial traffic stop’s legitimacy. Drawing on past cases, she showcases examples where seemingly minor details led to the dismissal of charges.

2. Field Sobriety Tests – A Closer Look:

• Perello delves deep into the world of FSTs, presenting case studies to highlight their inherent subjectivity. She offers step-by-step methods to effectively challenge their validity.

3. The Intricacies of Chemical Tests:

• With a meticulous approach, Patricia sheds light on the common pitfalls and oversights associated with breath, blood, and urine tests. She offers a checklist for defense attorneys to ensure no stone is left unturned.

4. Officer Conduct and Testimony:

• Through anecdotal evidence, Perello illuminates how officers can sometimes provide inconsistent accounts. She emphasizes the importance of diligent cross-examination.

5. Deciphering Alternative Explanations:

• Patricia brings to light several real-life instances where signs of impairment had wholly unrelated causes, urging defense attorneys to always explore all potential narratives.

6. The Role of Expert Witnesses:

• Perello provides insights on when and how to effectively use expert witnesses, underlining their potential to reshape a jury’s perspective.

7. Character Defense:

• Drawing from her personal experiences in court, Patricia discusses the nuanced art of presenting a defendant’s background and character to the jury, ensuring it’s done with authenticity and relevance.

8. Procedural Nuances:

• Patricia ends her guide with a dedicated section on procedural defenses, emphasizing the sanctity of a defendant’s rights and the repercussions of their violation.

Building a Strong DWAI Defense is a testament to Patricia M. Perello’s dedication to the legal profession. Through her detailed analysis and case studies, clients are afforded a rare insight into the depth and complexity of DWAI defense strategies.

Alternative Sentencing & Rehabilitation For DWAI

Alternative sentencing and rehabilitation for DWAI (Driving While Ability Impaired) offenders aim to address the root causes of impaired driving and reduce the likelihood of recidivism, all while ensuring public safety. Here are some alternatives:

1. Alcohol and Drug Education Programs:

• These programs aim to educate offenders about the dangers and consequences of driving while impaired. They offer insights into the effects of substances on the body and mind and highlight the potential legal and personal repercussions of DWAI.

2. Substance Abuse Treatment and Rehabilitation:

• Some DWAI offenders may be struggling with addiction. Courts may mandate participation in drug or alcohol treatment programs, including in-patient or out-patient treatments, therapy sessions, and regular drug testing.

3. Ignition Interlock Devices (IID):

• IIDs are devices installed in vehicles that require the driver to provide a breath sample before starting the car. If the device detects alcohol above a specific limit, it prevents the vehicle from starting. This serves as both a punishment and a preventive measure.

4. Victim Impact Panels:

• These are meetings where DWAI offenders listen to victims of impaired driving or their families. Hearing firsthand about the tragedies caused by impaired driving can be a powerful deterrent for future offenses.

5. Community Service:

• Instead of, or in addition to, fines and jail time, offenders might be required to perform community service. This can provide a vital aspect, allowing the offender to give back to the community they endangered.

6. Probation:

• Probation allows offenders to remain in the community under the supervision of a probation officer. During probation, they might be subjected to random drug and alcohol tests and required to attend therapy or counseling sessions. They must adhere to specific conditions to ensure they don’t re-offend.

7. House Arrest or Electronic Monitoring:

• Some offenders might be confined to their homes except for pre-approved outings (like work or therapy sessions). Electronic devices can be used to monitor their location.

8. DWAI Courts or DUI Courts:

• These specialized courts focus on long-term treatment and rigorous monitoring of offenders to address the underlying issues leading to impaired driving.

The primary advantage of alternative sentencing and rehabilitation is the potential for genuine behavior modification. Addressing the root cause of the behavior can be more effective in preventing future offenses than punitive measures alone. However, it’s essential that the alternative sentencing be appropriately matched to the individual’s needs and the severity of the offense.

Patricia Perello: Your Advocate in DWAI Defense

When facing a DWAI charge, having an experienced advocate on your side is crucial, and Patricia Perello is one such professional. With her extensive experience in representing clients charged with DWAIs, she understands the intricacies of Colorado’s DWAI laws and the best strategies to defend against these charges.

Patricia Perello offers a comprehensive DWAI defense, starting with a thorough review of the case details and the arrest circumstances. She evaluates whether the police followed proper procedures, including whether there was a valid reason for the initial traffic stop and whether the BAC testing was administered correctly.

Perello also considers potential defenses, such as questioning the accuracy of BAC tests or arguing that the driver’s ability was not significantly impaired. Her goal is to either reduce or dismiss the charges or minimize the penalties.

Why Choose Patricia Perello?

Choosing Patricia Perello as your DWAI defense attorney means choosing a dedicated, experienced, and aggressive advocate who will fight for your rights. She provides a free legal consultation, allowing you to understand your legal situation better and decide the best course of action.

DWAI charges can have serious consequences, including jail time, fines, and loss of driving privileges. But with Patricia Perello by your side, you can rest assured knowing that you have a skilled and experienced attorney fighting for your defense.

If you or someone you know is facing a DWAI charge in Colorado, contact Patricia Perello today. She is ready to listen, advise, and defend you every step of the way.