DWAI defense
A lesser charge is still a serious chargeTreat it that way.
In Colorado, DWAI can be charged when alcohol or drugs impair your ability to drive to the slightest degree, which is often associated with a lower blood alcohol level than DUI. A DWAI conviction can count as a prior offense if you are ever charged again.
Our managing attorney is a former prosecutor, and our team includes a former Arapahoe County Sheriff’s Deputy who supports the attorneys’ investigation and case preparation. We look closely at the stop, the officer’s observations, field sobriety testing, and chemical test results, and we challenge what does not hold up. Related: DUI defense, first DUI, and second DUI.
Why This Matters Now
DWAI Charges Have Long-Term Consequences
Even a first-time conviction can follow you for years. Your license, your employment, and your record are all at stake — don’t assume a DWAI is minor.
Your Freedom
Jail time is possible even on a first offense. The stakes are real from the moment of arrest.
Your Record
A criminal conviction creates a permanent record that can affect employment and housing.
Your License
Administrative and criminal proceedings can both affect your ability to drive.
Your Future
Insurance rates, professional licenses, and opportunities can be impacted for years.
How We Can Help
How We Defend DWAI Cases in Colorado
No two cases are alike. Our firm investigates every detail to identify weaknesses in the prosecution’s evidence.
Was the Traffic Stop Legal?
Police must have a lawful, articulable reason to initiate a traffic stop. Stops based on insufficient cause may result in evidence being suppressed.
Were Field Sobriety Tests Properly Given?
Balance issues, medical conditions, weather, footwear, age, and uneven surfaces can all significantly affect performance on roadside tests.
- “Standardized tests must be administered by the book — deviations matter.”
Was the Breath Test Accurate?
Breathalyzer devices require proper calibration and regular maintenance. Failure to maintain these standards can undermine the reliability of results.
- Calibration records
- Operator certification
- Device maintenance history
Were Blood Samples Properly Handled?
Errors in collection, storage, labeling, or testing procedures may affect the reliability and admissibility of blood test results.
Did Officers Follow Proper Procedures?
Constitutional violations and procedural mistakes — from the initial stop through booking — can impact the admissibility of key evidence.
Body Camera and Dash Camera Footage
Video evidence frequently tells a very different story than written police reports. We request and review all available footage immediately.
The Process. What to Expect.
What Happens After a DWAI Arrest
Understanding every stage helps your attorney build the strongest possible defense from day one.
Arrest & Booking
Officers process your arrest, collect personal information, and administer chemical tests. How you conduct yourself here matters.
Bond / Bail
A judge sets conditions for release. We can advocate for fair bond and advise you on requirements from the start.
Advisement / First Appearance
The court informs you of charges and possible penalties. Having counsel at this stage sets the tone.
Filing of Charges
The prosecution formally decides which charges to pursue. Early attorney involvement can sometimes influence this outcome.
Discovery & Investigation
We obtain all evidence — police reports, video, lab results, and records — and build your defense strategy.
Pre-Trial & Resolution
Negotiations, motions, and trial preparation. This is where defense strategy can make the greatest impact on your outcome.
What Not to Do
Common Mistakes That Hurt DWAI Cases
Avoid these errors — they can significantly damage your defense and limit your options.
Talking to Police Without an Attorney
You have the right to remain silent. Statements made at the scene — even casual ones — are often used against you in court.
Consenting to Searches
You are generally not required to consent to vehicle searches. Agreeing can result in evidence being discovered and used against you.
Posting on Social Media
Anything posted online can be used as evidence. Even seemingly innocent posts can contradict your defense or confirm impairment.
Contacting Alleged Witnesses
Reaching out to witnesses or other parties involved can be misinterpreted as intimidation and create additional legal problems.
Missing Court Dates
Failure to appear results in a warrant, loss of credibility, and significantly more difficulty resolving your case favorably.
Waiting Too Long to Hire an Attorney
Evidence disappears and deadlines pass quickly. The sooner you have legal counsel, the more options you preserve.
Know the Difference
DWAI vs. DUI in Colorado
Many people confuse these two charges. Both carry serious penalties — but they are not the same offense.
DWAI
Driving While Ability Impaired
- Ability impaired to the slightest degree
- Often associated with a BAC between 0.05% and 0.079%
- Still carries criminal penalties including jail time
- Can involve alcohol, marijuana, or prescription drugs
- Permanent criminal record upon conviction
- License consequences possible
DUI
Driving Under the Influence
- Substantially incapable of operating a vehicle safely
- Generally associated with a BAC of 0.08% or higher
- More severe penalties than DWAI
- Mandatory license revocation periods
- Longer potential jail sentences
- Greater long-term impact on insurance and employment
Who We Help
Clients We Defend. Straightforward Guidance.
Whether it’s your first arrest or you’ve been through the system before, we provide honest assessments and strategic defense tailored to your specific situation.
- Drivers with prior DUI or DWAI convictions
- Veterans and active-duty service members
- CDL holders and professional drivers
- Anyone needing immediate post-arrest guidance
- Clients facing DUI and traffic-related offenses
FAQ
Common questionsStraight answers about your situation.
Can I be charged with DWAI even if my BAC is below 0.08%?
Yes. Colorado law allows DWAI charges even when your blood alcohol concentration is below the legal limit for DUI if prosecutors believe your ability to drive was impaired to the slightest degree. A BAC as low as 0.05% can support a DWAI charge.
Is DWAI considered a criminal offense in Colorado?
Yes. A DWAI conviction creates a criminal record and may carry jail time, fines, probation, community service, and alcohol education requirements — even for a first offense.
Will I lose my driver’s license after a DWAI?
Depending on the circumstances, both administrative proceedings through the DMV and criminal court consequences can affect your driving privileges. Acting quickly after arrest is important to protect your license.
Can a DWAI charge be reduced or dismissed?
Some cases result in reduced charges or dismissal due to constitutional issues, weak evidence, testing problems, or procedural errors. Every case depends on its specific facts — which is why a thorough case review matters so much.
Should I hire an attorney for a first-time DWAI?
Even a first-time DWAI conviction can have lasting consequences on your record, insurance rates, and employment. A defense attorney can review your case, identify possible defenses, and protect your rights throughout the legal process.
Trust Johnson Law
Don’t see your question? Call (720) 334-7305 for a free consultation.
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Free Consultation
Free Consultation
Tell us what is happening. We will listen, explain your options in plain language, and give you a clear next step. Your consultation is free and confidential.
This page provides general information about Colorado law, not legal advice for your situation. Every case is different, and past experience does not guarantee a particular outcome.