Colorado DWAI and DUI Lawyer

A casual evening with friends or a quick stop at the bar for happy hour ends with flashing lights in your rearview mirror. Suddenly, your stomach tightens as you realize a single decision could jeopardize your driving privileges, freedom, and reputation.

At this critical time, having an experienced Colorado DUI and DWAI lawyer on your side is essential. With their knowledge and experience, you can have peace of mind and confront these charges, knowing you have a strong advocate in your corner.

Understanding the Difference Between Colorado’s DUI and DWAI Laws

In Colorado, three primary charges relate to impaired driving: driving under the influence (DUI), driving under the influence per se (DUI per se), and driving while ability impaired (DWAI). These offenses carry significant penalties but differ in terms of severity, legal definitions, and consequences.

Driving Under the Influence Per Se

Under Colorado law, a DUI per se charge applies if your blood alcohol content (BAC) is 0.08% or higher. 

Driving Under the Influence

Driving under the influence involves a level of impairment that substantially, significantly affects your ability to operate a vehicle safely.

Penalties for a first-time DUI conviction typically include:

• Jail sentence of 5 days to 1 year,
• Fines of $600 to $1,000,
• Driving privilege/license suspension,
• Mandatory community service for a minimum of 48 hours and a maximum of 96 hours,
• Victim impact panel,
• 12 DMV points,
• Participation in alcohol education and treatment programs, and
• Up to two years probation.

Repeat offenses significantly increase penalties, such as mandatory minimum jail time and extended license revocations.

Driving While Ability Impaired

DWAI charges apply when your BAC is between 0.05% and 0.079%. Although considered a lesser charge than a DUI, DWAI convictions still carry significant consequences. Penalties for a first-time DWAI conviction generally involve:

• Victim impact panel,
• Two to 180 days in jail, 
• Fines of $200 to $500,
• 8 DMV points,
• Community service totaling 24-48 hours,
• Completion of an alcohol education class, and
• Probation (supervised or unsupervised).

Getting a DWAI can still disrupt your personal and professional life, emphasizing the importance of quickly consulting an experienced Colorado DWAI and DUI attorney.

What Happens When You Are Charged with DUI or DWAI in Colorado?

Colorado’s DUI and DWAI process can feel daunting without proper guidance. Let’s discuss what you can typically expect.

Arrest and Testing

After a stop, the officer can ask you to voluntarily participate in roadside sobriety tests and possibly chemical testing of your breath or blood. Refusing to submit to requested chemical testing may result in license suspension under Colorado’s express consent law.

DMV Hearing and License Suspension

Upon arrest, you must timely request a DMV hearing to challenge your license suspension. An attorney can represent you at this hearing, presenting arguments to protect your driving privileges.

Arraignment and Pretrial Negotiations

You will appear in court to hear formal charges and eventually enter a plea at your arraignment. If you enter a not-guilty plea at this early stage, your attorney will conduct discovery and negotiate with prosecutors, aiming to reduce charges, minimize penalties, or secure alternative sentencing. If law enforcement violated any of your rights during the investigation, your lawyer can file a Motion to Suppress any evidence they obtained illegally—thereby weakening the prosecution’s case.
If a plea agreement is reached during the pretrial phase, you can enter your plea and begin your sentence. If the sides do not reach an agreement, the case proceeds to trial.

Trial and Sentencing

At trial, your lawyer will challenge the reliability and sufficiency of the prosecution’s evidence and advocate for your rights. If convicted, the court imposes sentencing guided by statutory guidelines.

Having skilled representation at each stage drastically improves your chance for a positive resolution.

Effective Defense Strategies 

A seasoned Colorado DUI and DWAI lawyer employs numerous defense strategies to challenge your charges effectively. Successful defenses may include:

• Contesting the legality of the traffic stop. The police need reasonable suspicion/probable cause to stop your vehicle, and if they stopped you illegally, your lawyer can file a Motion to Suppress any resultant evidence. If the judge suppresses enough evidence, the prosecution’s case could be critically weakened.
• Challenging the reliability of breathalyzer results. Breathalyzer equipment must be properly maintained, and law enforcement must properly administer the tests. If procedures are improperly followed, evidence may be suppressed.
• Questioning field sobriety tests. These tests can be physically tricky for some people to perform, even if they are not intoxicated. These tests can produce unreliable results influenced by medical conditions, fatigue, or improper officer instructions. 
• Highlighting improper evidence handling. Errors in blood test procedures or mishandled evidence can weaken the prosecution’s case by casting doubt on the reliability of the evidence.
• Lack of impairment. Your lawyer can argue the prosecution failed to prove your driving ability was impaired at the time of arrest.

Each case demands personalized strategies. Experienced attorneys thoroughly investigate all circumstances to build compelling defenses.

What started as a quick stop could have lifelong consequences — but the right defense can change your path. Connect with a Colorado DUI and DWAI attorney now.

Why Trust Attorney Susan Deschler?

Facing DUI or DWAI charges can feel intimidating, and managing them alone could endanger your future. Attorney Susan Deschler offers more than legal representation. She delivers clarity, confidence, and a dedicated partnership when you need it most.

With over two decades of experience, including her time as a Deputy District Attorney, Susan has unique insights into the prosecution’s strategies. She skillfully negotiates plea agreements, alternative sentencing, or programs like DUI Court, actively working to reduce penalties or even dismiss charges. Susan advocates aggressively and thoroughly in the courtroom, questioning every aspect of the prosecution’s evidence, from breathalyzer results to police procedure.

Your case deserves more than just standard legal representation—it needs individualized, focused attention. At The Law Offices of Susan Deschler, you’ll work directly with a trusted Colorado DWAI and DUI lawyer. Susan provides transparent updates and personalized guidance every step of the way.

Your Future Does Not Have to Be Defined by One Mistake.

Attorney Susan Deschler will stand by your side, providing clear guidance, relentless advocacy, and compassionate support from start to finish. Do not risk your freedom, reputation, or driving privileges by facing DUI or DWAI charges without skilled help. Contact us today and start building the defense you need to protect your future.

Frequently Asked Questions 

Can I Refuse Roadside Sobriety Tests In Colorado?

You can refuse roadside tests.

Does a DUI Or DWAI Conviction Stay Permanently on My Record?

Yes. DUI and DWAI convictions become permanent on your criminal and driving records, highlighting the need for effective defense strategies.

Are DWAI Penalties Significantly Less Severe Than DUI Penalties?

While DWAI penalties are less severe, they still result in fines, possible jail time, and license points. They can significantly impact employment and personal life.

What Is an Ignition Interlock Device?

An ignition interlock device is a breathalyzer installed in your vehicle that prevents it from starting if it detects alcohol. Courts often mandate them after a DUI or DWAI conviction, especially for repeat offenders or high BAC cases.

Can My DUI Charges Be Reduced to DWAI Charges?

An experienced attorney can negotiate reductions from DUI to DWAI, substantially reducing potential penalties.

Resources:

• FAQs. No DUI Colorado, link
• Alcohol DUI. Colorado DMV, link