If you’ve been charged with Driving While Ability Impaired, C.R.S. 42-4-1301 / DWAI, the best thing you can do is contact a top Fort Collins and Loveland DWAI lawyer ASAP. Charged for drinking and driving, DWAI carries lower penalties than DUI for the first offense. However, this means DWAI has a much lower threshold than DUI: you only need to have a BAC of 0.051 – 0.079 or a driving ability that has been affected “to the slightest degree” to be charged with DWAI. Even if your BAC is lower than 0.08, you’re not immune from being arrested and charged with Driving While Ability Impaired – an offense punishable by Larimer County Jail time, fines, and more.
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Blog Navigation: What is Driving While Ability Impaired, C.R.S. 42-4-1301 in Fort Collins? |
What is Driving While Ability Impaired, C.R.S. 42-4-1301 in Fort Collins?
Driving While Ability Impaired, C.R.S. 42-4-1301 / DWAI, is charged in Fort Collins for drinking and driving. What makes this crime different from Driving Under the Influence / DUI is that DWAI is charged when alcohol consumption affects a person’s ability to drive “to the slightest degree.” In other words, even just making a tiny mistake can result in DWAI charges if it’s connected to drinking and driving.
Larimer County Jail Time for DWAI
Larimer County Jail time and other penalties for DWAI depend on the number of prior DUI, DWAI, Vehicular Assault, or Vehicular Homicide convictions you’ve had. Generally, the first DWAI comes with less severe penalties than DUI. However, the second and subsequent convictions carry the same penalties as DUI does. See the table below:
Number of Offenses |
Classification |
Possible Penalties |
| 1st | Misdemeanor |
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| 2nd | Misdemeanor |
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| 3rd | Misdemeanor |
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| 4th or subsequent | Class 4 felony / F4 |
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Contact a Top Fort Collins DUI / DWAI Lawyer Today
If you have been charged with Driving While Ability Impaired, it’s critical that you contact a top Fort Collins DUI / DWAI lawyer today to protect your future. Retaining an experienced attorney is critical so that you see the best possible outcome in your case. Our lawyers with over 30 years of experience have successfully represented clients in hundreds of DUI and DWAI cases, achieving reductions and even dismissals in some cases. Don’t wait to call us today so that together, we can protect your future.
Have you been charged with Driving While Ability Impaired? First, be smart, and exercise your right to stay silent. Do not discuss your case with the Fort Collins Police or Larimer County Sheriff. Then call 970-658-0007 to discuss your case with a top Fort Collins and Loveland criminal defense lawyer today. Together, we can protect your future.
The location for the Larimer County Justice Center is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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