20+ Years of DUI and Criminal Defense
Built on Trust, Focused on Results
Built on Trust, Focused on Results
DWAI Lawyer in Colorado – Driving While Ability Impaired
Under C.R.S. § 42-4-1301(1)(g), Driving While Ability Impaired means operating a motor vehicle when alcohol, one or more drugs, or both affect you to the slightest degree so that you are less able than ordinarily to exercise clear judgment, sufficient physical control, or due care in safely operating a vehicle.
That “slightest degree” standard makes DWAI one of Colorado’s most frequently charged offenses—and one that calls for an experienced DWAI Lawyer in Colorado who understands both the law and the science.
The Difference Between DUI and DWAI
| Charge | BAC Range | Level of Impairment | Typical Proof Standard |
|---|---|---|---|
| DWAI | In excess of 0.05 (0.051–0.079) | Slightly impaired | Any effect on safe driving |
| DUI | 0.08 or higher | Substantially incapable of driving safely | Presumed under the influence |
DWAI is a lesser-included offense of DUI—someone may be charged with both, but not convicted of both for the same incident (Thompson v. People, 181 Colo. 194 (1973)).
BAC Presumptions in DWAI Cases
Colorado law establishes these key presumptions (§ 42-4-1301(6)(a)):
- BAC ≤ 0.05 → Presumed not impaired.
- BAC > 0.05 but < 0.08 → Impairment may be inferred.
- BAC ≥ 0.08 → Presumed under the influence.
That “gray zone” between 0.051 and 0.079 is where DWAI lives—and where skilled defense often wins.
DWAI Is a Strict-Liability Offense
Intent isn’t required. Prosecutors need only show that alcohol or drugs affected your ability to drive safely, even slightly. That makes scientific, procedural, and evidentiary challenges critical to your defense.
DWAI Penalties in Colorado
Even a first DWAI carries real consequences:
- Jail: up to 180 days
- Probation & Community Service
- Fines & Court Costs
- Alcohol Education & Therapy
- License Points & Insurance Hikes
Subsequent DWAI convictions bring harsher penalties and can contribute to a Felony DUI on a fourth lifetime offense.
Defending DWAI Charges
I examine every facet of your case:
- Was the traffic stop lawful?
- Were field-sobriety tests administered correctly?
- Was the chemical testing equipment properly maintained and calibrated?
- Could medical conditions or fatigue explain observed impairment?
With 20 years of courtroom experience in Adams, Arapahoe, Jefferson, Weld, and Denver Counties, I know how to challenge the state’s evidence, protect your license, and safeguard your future.
Call a DWAI Lawyer in Colorado Today
A DWAI conviction can affect your job, insurance, and freedom. Don’t face it alone.
📞 Call Monte Robbins at 303-355-5148 for a free consultation.
You’ll speak directly with me—not a junior associate or call screener.