Understanding the Penalties for a First DWAI Offense in Colorado

In Colorado, Driving While Ability Impaired is a very serious offense for anyone who has faced it as a first offense. This charge falls less severely compared to Driving Under the Influence while still carrying severe legal consequences. Knowing what one can expect in terms of possible penalties and the process used in defending against the charge can be of big help for those who face the challenge of DWAI Colorado first offense. In this article, we will delve deeper into the penalty upon a first DWAI in Colorado, the possible influence of certain factors at sentencing, and guide you through how to navigate your way through the process. This guide will help you understand the implications for a DWAI in Colorado: you may be charged with it, or you may just be interested in knowing more.

DWAI, or Driving While Ability Impaired, means an impairment by alcohol or drugs of any person so as to impair his ability to operate a vehicle in a safe manner. The legal limit for DWAI in Colorado is a blood alcohol content of 0.05 to 0.08% BAC. DUIs are generally charges met when an operator has a 0.08% BAC or greater. DWAI is charges when the operator is impaired but his/her BAC does not reach the DUI level.

In addition to alcohol, the charges of DWAI can be brought about by impairment caused by drugs, whether prescription, over-the-counter, or illegal. Generally, law enforcers assess the driver's capability through field sobriety tests, a chemical test, and their driving behavior.

A first DWAI offense in Colorado results in penalties that can substantially impact the life of a person. Here are the main consequences a person may suffer if convicted of his first DWAI offense:

A first DWAI conviction can land you a jail term in court for 2 to 180 days. The longest period that one can spend in jail as a result of such a conviction is 180 days; however most first-time offenders spend lesser periods, or, in the alternative, get sentenced to a work-release program or community service at the discretion of the presiding judge under certain circumstances.

Upon a first DWAI offense, a fine ranging from $200 to $500 will be charged. Such fines would be higher depending on the circumstances surrounding the case, if there were aggravating factors such as reckless driving, and if the defendant had a very high BAC.

Instead of jail time, the judge can sentence the offender to probation. The probation may last for a period of up to two years. Probation usually involves regular visits with a probation officer, drug and alcohol testing, community service, and completion of mandatory alcohol or drug educations.

Suspension of driver's license is one of the most serious consequences after the first DWAI conviction in Colorado. A first-time offender would lose their driver's license for as long as nine months, but they can apply for and obtain a restricted license, thereby allowing limited driving privilege, including getting to and from work, or some types of appointments during the license suspension period.

A DWAI conviction results in placing 8 points on the offender's driving record. Accumulation of 12 or more points within a period of 12 months may result in revocation of a driver's license.

In some cases, upon conviction for a Colorado DWAI, a convicted individual is likely to have an ignition interlock installed in his/her vehicle. He/she will have to blow into the device prior to the starting of the car so as to indicate he/she is not drunk.

DWAI conviction will expose you to higher insurance premiums. Insurance firms consider impaired drivers as riskier drivers. Therefore, your insurance rates may skyrocket or they may even decline to renew your policy.

A DWAI conviction will permanently brand your criminal record. This could have long-term effects on your working life, travel possibility, and professional licenses.

A first offender may also be required to participate in an alcohol and drug education program as part of probation. Some alcohol and drug education programs are specifically designed to teach how impaired driving can lead to serious consequences and may be mandated as part of the probation or sentencing.

While most of the punishments above apply to most first-time offenders of DWAI in Colorado, there are factors that may influence the degree of the given sentence. These factors include are:

In case the BAC of a person goes beyond the limit set for DUI at 0.08%, he would be quite likely to get harsher punishments for even his first offense. The same can be said in the case where it is found that a driver has several drugs present within his system for he may have to face tougher punishments as well.

There may be aggravating factors, such as driving under the influence whilst recklessly putting many other drivers and passengers' lives at risk, and thus the offender may receive harsher punishments from the courts. Judges generally impose more severe sentences on those drivers who have put more people at greater risk.

A defendant who is willing to cooperate with the police and demonstrates some level of remorse may face less severe decisions. In this case, where the defendant declines a chemical test, the court may impose additional sanctions.

Even though the charge in question is a first offence for DUI, but if the defendant has previous convictions for driving under impairment, though it was not in Colorado, they may enhance their punishment for the current offense.

You may, of course, be able to mount defenses against the charges of first-time DWAI Colorado offense. To do this effectively, you will want the services of a qualified DUI or criminal defense attorney. Possible defenses to a DWAI charge include:

Law enforcement officers must have probable cause to pull you over. If they did not have a valid reason to stop your vehicle, all evidence obtained from that stop is probably going to be suppressed in court.

Field sobriety tests are often subjective and therefore prone to influences that do not necessarily relate to impairment. For instance, weather conditions or physical conditions can greatly influence such tests. This may serve as a valid defense if chemical tests are administered incorrectly or their results cannot be read with clarity.

Chemical tests-including breathalyzer tests-can only be administered and given legally in the proper manner and must be given properly if they are to hold up in court. If the test was given improperly or if the equipment for a chemical test malfunctioned, your defense attorney should be able to argue against the results.

Sometimes, a person's actual medical condition or prescribed medication causes the individual to look impaired. Provided you have ample evidence demonstrating that you suffer from an underlying condition or are on a particular type of medication that is rendering you to appear under the influence when in fact you are not impaired, then this would also be in your favor.

If you are charged with a DWAI Colorado first offense, it is of primary importance that you take the following steps:

Consider consulting with an attorney - Get an attorney who specializes in DUI and DWAI cases who can assess the facts of your case to identify defenses, hence guiding you through the whole process.

You should also understand the legal process involved. DWAI charges may arise to mean criminal penalties, so it's very important to be proactive in defending your case. Your lawyer will help you in understanding the charges and negotiation with prosecutors for the best outcome possible.

In some rare instances, a plea bargain may come to your advantage. Through your attorney, they can explore the possibilities of negotiating a plea bargain that may lead to lesser charges or penalties. The penalties and factors that would determine the outcome of your case need to be understood as a whole. In cases of DWAI charges, you can get legal support in protecting your rights and ensuring that you achieve the fairest outcome possible. Whether the threat is that of penalties or one is going to reduce the penalty awarded to them, it is mainly through a lawyer that the outcome of cases may be determined.

A DWAI Colorado first offense is a serious charge that carries with it possibly very harsh penalties, such as fines and license suspension or even criminal consequences. It is quite important to know the scope of all those penalties and how all the factors can play a role in your case. In case you have got charges against DWAI, an expert lawyer can counsel you properly so that you will be provided with the most fair outcome. Whether you are standing the punishment or trying to mitigate a situation, legal advice always makes a difference in how your case works out.