Court: Teller County District Court, Cripple Creek. 4th Judicial District. Nearest Right Law Group office: Colorado Springs.
Driving while the ability to operate a vehicle is affected to the slightest degree by alcohol or drugs, a lower threshold than DUI.
Court: Teller County District Court, Cripple Creek. 4th Judicial District. Nearest Right Law Group office: Colorado Springs.
“A good question that's come up with a lot of my clients is what happens if you're not quite at that 0.08, but you have some alcohol in your system. With the DMV, the way that they are set up, if you are below 0.08 they're not gonna revoke your license. Now, that doesn't mean that you're not gonna have issues with the criminal justice system. That's a completely separate entity, but for the purposes of the Department of Motor Vehicles, initially, if you're below that 0.08, they're not gonna revoke your license.”
“The common misconception, though, is people think well, if I'm under that 0.08 then I'm fine. For the DUI you are, but the problem is in Colorado we also have what's called a DWAI, that's driving while ability impaired. For DWAI, it's not where you're driving so that you're so impaired that you can't maybe function, or get home to the level you are at a DUI, but driving while ability impaired means that you're impaired to the slightest degree. And that's still a crime here in Colorado. So, driving with any kind of impairment whatsoever is not a great idea, let's just put that out there. But legally if you are at a 0.05 to a 0.08 you can be criminally charged for driving while ability impaired.”
“So, misdemeanor world you have DUI alcohol, DWAI alcohol, and then you have DUI with THC, that five nanograms, and technically the district attorneys can also file charges for you to have a DWAI for THC if it's under the five nanograms. Now that is a little bit of a stronger case for us because we can combat that a little bit with research that's come out from Boston, Massachusetts and a couple of other places. But those are what you're looking at for misdemeanor levels.”
“So it's not just DUIs gotten here in Colorado, it's DUIs nationwide, anytime. The other issue is, is they include everything. They include DUIs, they include DWAIs, and some judges will even consider a deferred sentence DUI as that necessary threshold to prove a prior driving under the influence offense and they can use that to get you on a DUI felony offense.”
My DWAI case was over 11 years old and I was faced with the difficulty of now living out of state
Gannon and the team were able to quash my bench warrant almost immediately
they were able to get my charges dropped and my case dismissed
Alexis explains: "dui cases you're going to have to go if you are convicted or take a plea for anything that is an alcohol related offense if it's the dui if it's a dwai even if it's what we call a wet reckless if you have any of those please you have to do alcohol treatment and therapy"
Answered by Alexis Austin Litle · View source ↗Right Law Group's guide explains: "Understanding the nuances of the law is crucial for effective representation. One such law is the Driving While Ability Impaired (DWAI) statute."
Source · Read guide ↗Alexis explains: "driving while ability impaired means that you're impaired to the slightest degree. And that's still a crime here in Colorado."
Answered by Alexis Austin Litle · Watch clip ↗DWAI / Driving While Ability Impaired cases connected to Teller County are heard in the Teller County District Court, part of the 4th Judicial District.
Source · Court and DA info ↗Teller County falls within the 4th Judicial District, and DWAI / Driving While Ability Impaired cases there are heard in the Teller County District Court.
Source · Court and DA info ↗Alexis explains: "driving while ability impaired means that you're impaired to the slightest degree. And that's still a crime here in Colorado."
Answered by Alexis Austin Litle · View source ↗Alexis explains: "The common misconception, though, is people think well, if I'm under that 0.08 then I'm fine. For the DUI you are, but the problem is in Colorado we also have what's called a DWAI, that's driving while ability impaired. For DWAI, it's not where you're driving so that you're so impaired that you can't maybe function, or get home to the level you are at a DUI, but driving while ability impaired means that you're impaired to the slightest degree. And that's still a crime here in Colorado. So, driving with any kind of impairment whatsoever is not a great idea, let's just put that out there. But legally if you are at a 0.05 to a 0.08 you can be criminally charged for driving while ability impaired."
Answered by Alexis Austin Litle · Watch clip ↗Each answer links directly to the source where a Right Law Group attorney addressed this question.
7 answers grounded in Right Law Group sources