Denver DUI lawyer / DWAIs

Yesterday I mentioned that there is no magic number to be convicted of DUI in Colorado. Even a Intoxylizer or portable breath test that is below .08 or any other number can result in a conviction for DUI. That's because the BAC is not mentioned in the statute. All the state has to do is prove you were incapable of operating the vehicle at the time you were stopped.

This post is about another bugaboo for Denver DUI lawyers. And like DUI, BAC and others, it's another alphabet soup entry: DWAI. DWAI stands for driving with ability impaired. The Colorado Revised Statutes define this as operating a motor vehicle where your ability to do so is impaired to even the slightest degree, in comparison to what it otherwise would be. I know that sounds pretty confusing, you'd probably have to be a Denver DUI lawyer to figure it out. However, maybe you did catch the key part: "to the slightest degree." That means even the tiniest bit of intoxication can render you guilty of DWAI.

The guidelines mention that a blood alcohol content between .05 and .08 may establish a presumption that the driver was impaired. Of course, as I mentioned previously, there is no such thing as a magic number in these cases. And this is particularly the case with DWAIs, because to the slightest degree is much easier to prove than "substantially incapable." So even a slightly sub-par (in the cop's opinion) on a roadside test, or some observations of less than perfect motor skills may be enough to get somebody convicted of DWAI. Because DWAIs can be such difficult charges to fight, and because they, like DUIs, can have serious and lasting consequences, it's important to call a Denver DUI lawyer as soon in the traffic stop as reasonably possible.