Driving While Ability Impaired (DWAI)

DWAI Charges: Serious Consequences Call for Serious Defense
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Driving While Ability Impaired (DWAI) Attorney In Denver, Colorado

In Colorado, there is more than one type of impaired driving charge. While most people are familiar with DUI (Driving Under the Influence), you can also be charged with a lesser offense known as DWAI (Driving While Ability Impaired). At Alfrey & Associates, PC, we are dedicated to defending clients against all types of impaired driving charges, including DWAI. Understanding the key differences between DUI and DWAI is essential for building an effective defense strategy and minimizing the potential impact on your life.


A DWAI occurs when a driver’s ability to operate a vehicle is impaired to the slightest degree due to alcohol or drugs, even if their blood alcohol concentration (BAC) is below the legal limit for a DUI. In Colorado, you can be charged with DWAI if:

  • Your BAC is between 0.05% and 0.079%, or
  • You are impaired by drugs or a combination of alcohol and drugs, but not to the extent required for a DUI charge.


While the penalties for a DWAI are generally less severe than those for a DUI, the consequences can still be serious, especially for repeat offenders. Additionally, a DWAI can stay on your criminal record and result in long-term repercussions.

Legal BAC Limits for DWAI in Colorado

Understanding Colorado’s legal BAC limits is critical for distinguishing between DWAI and DUI charges:

  • DWAI: 0.05% to 0.079% BAC
  • DUI: 0.08% BAC and above


It’s important to note that even if your BAC is below 0.05%, you could still face a DWAI charge if law enforcement believes your ability to drive was significantly impaired. The penalties for a DWAI vary depending on whether it is your first, second, or subsequent offense. Although the consequences for a first-time DWAI are typically less severe than a DUI, repeat DWAI convictions carry significantly harsher penalties.

Call Alfrey & Associates, PC at 720-971-1832 to schedule a consultation with a lawyer today.

The Cumulative Effect of DWAI and DUI Charges

A DWAI conviction counts as a prior offense when considering future DUI or DWAI charges. This means that if you are later charged with a DUI, the DWAI will be treated as a prior DUI offense, resulting in more severe penalties. Additionally, a DWAI can still result in a criminal record, which can impact your employment, insurance rates, and other areas of your life.


Colorado’s Express Consent Law requires all drivers to submit to a chemical test (blood or breath test) if law enforcement suspects they are impaired by alcohol or drugs. Refusing to take a test can result in an immediate license suspension, even if you are not convicted of DWAI or DUI. A first refusal can result in a 1-year license revocation, separate from any penalties you may face in criminal court.

Why You Need an Experienced DWAI Attorney

A DWAI may seem like a minor offense compared to a DUI, but the long-term consequences can be serious. Even a first-time DWAI conviction can result in jail time, fines, and a criminal record. The attorneys at Alfrey & Associates, PC have extensive experience defending against DWAI charges and will work tirelessly to protect your rights and minimize the impact of these charges on your life.


Choosing the right legal representation is crucial when facing a DWAI charge. At Alfrey & Associates, PC, we are committed to providing our clients with comprehensive legal support and a robust defense strategy tailored to their unique circumstances. We will carefully review the evidence, negotiate with prosecutors, and, if necessary, fight for your rights in court to achieve the best possible outcome. If you have been charged with DWAI in Colorado, contact Alfrey & Associates, PC today for a confidential consultation. Let us help you understand your options and build a strong defense to protect your future.

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Have Questions?

Call Alfrey & Associates, PC at 720-971-1832 today to speak to an attorney.

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