Colorado Springs DWAI Defense Attorneys
Driving While Ability Impaired (DWAI) in Colorado Springs & El Paso County
A DWAI offense (“driving with ability impaired”) is considered less serious than a DUI offense. Unlike the 0.08% BAC threshold for DUI offenses, DWAIs entail a BAC reading of 0.05% to 0.07%. While DUIs can be charged as misdemeanors or felonies depending on the circumstances, DWAIs are often considered misdemeanor offenses.
However, certain exceptions can apply, as DWAI offenders with three or more drunk driving convictions can face felony charges. Unlike first-time DUIs, first-time DWAI offenses generally don’t result in license suspension, although this can apply if the defendant has four or more points on their record at the time of the offense.
Possible Penalties for DWAI Conviction in Colorado
First-time DWAIs are misdemeanors punishable by:
- 2 to 180 days in jail
- $200 to $500 in fines
- Up to 48 hours of community service
- Up to 2 years of probation
In addition to these penalties, enrollment in alcohol education or treatment programs may be required in order to regain driving privileges.
Second DWAIs are typically considered misdemeanor offenses punishable by:
- A minimum of 10 days to 1 year in jail
- $600 to $1,500 in fines
- Up to 120 hours of community service
- Up to 2 years of probation
Third-time DWAI offenders can face misdemeanor charges punishable by:
- A minimum of 60 days to 1 year in jail
- $600 to $1,600 in fines
- Up to 120 hours of community service
- 2-4 years of probation
Subsequently, harsher penalties make it all the more crucial to consult a competent DWAI defense lawyer in Colorado Springs as soon as possible.
Don't face DWAI charges alone. Contact The Gasper Law Group today for a free, confidential consultation with an experienced defense attorney.
5 Defenses Against DWAI Charges in Colorado
At The Gasper Law Group, our diligent DWAI attorneys can evaluate the unique details of your situation to determine an effective legal strategy to employ on your behalf. Our firm has successfully defended against various drunk driving charges throughout Colorado Springs and El Paso County.
Common defense strategies against DWAIs include:
- Challenging the legality of the traffic stop: In order for a DWAI stop to be legal, law enforcement must have a justifiable reason to make the stop in the first place. This could be a traffic violation or suspicious driving behavior. If it can be proven that there was no valid reason for the stop, the DWAI charges can be dismissed.
- Questioning the accuracy of the breathalyzer or other field sobriety tests: The accuracy of these tests can be impacted by a variety of factors, including machine malfunction, improper administration, and certain medical conditions. If there are doubts about the accuracy of the test results, they may be dismissed as evidence.
- Arguing the presence of a valid medical or physical condition: Certain medical or physical conditions can mimic the symptoms of intoxication, such as diabetes, neurological conditions, or physical disability. If such a condition can be proven, it can provide a valid defense against DWAI charges.
- Proving the police officer’s observations were subjective: The arresting officer’s observations and judgments are a key component of a DWAI charge. The defense can challenge the officer’s credibility or suggest that their observations were subjective or biased.
- Proving that the defendant wasn’t driving: If it can be proven that the defendant wasn’t actually driving the vehicle at the time of the arrest, they cannot be convicted of a DWAI. This defense can be particularly effective in cases where the police did not witness the defendant driving.
Exploring every legal avenue is crucial in building a robust defense. By intricately examining specific factors, The Gasper Law Group empowers you with a strategic approach tailored to your situation.
A DWAI conviction can have lasting consequences. Call our Colorado Springs office now at (719) 212-2448 to speak with a skilled lawyer who knows how to fight for your rights.
-
Committed to the Community
-
Helping People First
-
Offering Payment Plans
-
Junior League of Colorado Springs
The Junior League of Colorado Springs has served the Pikes Peak region as both an initiator of projects as well as a ready partner to other non-profit organizations to address needs in the community.
-
What is the Difference Between Formal and Informal Probate?
Informal and formal probate both refer to the kinds of procedures that are used to appoint a representative for an individual to handle various matters and accept a will for probate. The most commonly used of the two is informal probate, which is the least difficult to enact if assets are straightforward and the parties involved are in agreement with each other.
However, formal probate will be required under certain circumstances, such as when:
- There are issues with a will
- Heirs are missing or unknown
- Heirs are still minors
- The estate is insolvent, i.e., debts exceed assets owned
- There are disputes or there are likely to be disputes among heirs
- Problems are expected with the administration
The informal probate process will entail presenting an application to a registrar as opposed to a judge. Registrars then approve the estate and ensure completion of all paperwork, but won’t be involved once they have approved the estate.
Formal probate, on the other hand, involves a probate attorney. The formal process can be more complicated and involve many steps, which is why it’s best to consult with a probate attorney at The Gasper Law Group who can walk you through formal probate in Colorado.
-
Can You Avoid Probate in Colorado?
Yes, you can avoid probate in Colorado by making a living trust, which will prevent any asset you own from going to probate courts, including bank accounts, real estate, and more. You can do so by creating a trust document that names a specific individual to serve as a successor trustee following your death. You will then need to transfer ownership of your property to yourself as the trustee identified in the trust.
You can also avoid probate in Colorado through:
- Joint ownership of property
- Payable-on-death designations for bank accounts
- Transfer-on-death real estate deeds
- Transfer-on-death registration for securities
- Simplification of probate procedures for small estates
Set up an initial consultation with our office today. Discuss your case with our Colorado Springs Lawyers at
(719) 212-2448 or complete our contact form.
At The Gasper Law Group, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
-
"Attentive and supportive"The Gasper Law Group was fantastic. They treated me well and were very open about my situation. The team was attentive and made sure I fully understood everything, supporting me all the way. I would recommend them to anyone for any situation.- Jason E.
-
"Thank you so much! You helped complete our family and we are forever grateful."Christine, Kris, and Ebony are amazing and compassionate. We enjoyed every interaction. Gasper Law firm keeps appropriate communication and not in excess which keeps our cost low. We are so very grateful. Even if an unexpected turn in our guardianship hearing they remained diligent to ensure things were done in a timely manner. Thank you so much! You helped complete our family and we are forever grateful.- Misty M.
-
"I highly recommend that you not waste your time hiring other attorneys and hire the Gasper Law Group."After an absolutely crazy incident that could not have been seen almost anywhere besides a movie. I received some serious charges and was in search of an attorney. They would not only represent me but need to do the right thing because it's the right thing to do. Not because of a paycheck. I met Caryn Adams after meeting with several other top attorneys in the Colorado Springs area. I was very impressed with her genuine care about my situation and her want to help me. Not only did I want great representation, but I needed someone that I could reasonably afford given all the other expenses I was incurring. Caryn checked every box I needed. She was the only attorney who took extra care when I initially met with her to do everything she could do to protect me even before I hired her. I highly recommend that you not waste your time hiring other attorneys and hire the Gasper Law Group. They will protect you.- Lance F.
-
"My charges were dropped and we walked away with all parental rights/custody and a restraining order against the other party."Caryn Adams and her team are hands down the BEST. I don't think I would have made it through what I went through without her by my side. My charges were dropped and we walked away with all parental rights/custody and a restraining order against the other party.- Avarie J.
-
"Don’t have much hope? Leave it to Caryn she will change that."I dug myself a deep hole and didn’t have much hope or luck with the attorney I used before. I called Gasper law group and Caryn Adams was my attorney that took charge of everything. I couldn’t have asked for anything better the outcome she made possible is everything I wanted. She is great at her job and takes cases seriously … don’t have much hope leave it to Caryn she will change that. Thanks Gasper law group you’re the best!- Mike L.
-
"I was absolutely floored with the knowledge and expertise that not only Caryn carries, but the firm as a whole."I, unfortunately, was involved with two separate situations within a few years of each other, which left me in quite a bind both times. I was lucky enough to have Caryn assist me in both cases and was absolutely floored with the knowledge and expertise that not only she carries, but the firm as a whole. One of the best, if not the best lawyers I've ever come across. Extremely nice and very honest. I was able to resolve my situations with minimal impact and continue my life without fear of being held back.- Former Client
-
"They took care of my case in a very timely manner and made it feel like my traffic ticket was their number one and only priority."Caryn Adams, Stacey Sadler and the rest of the team at the Gasper law group are an amazing, courteous, compassionate, and very helpful group of talented individuals. I was in a bind and during my consultation I explained my situation and they went above and beyond my expectations. They took care of my case in a very timely manner and made it feel like my traffic ticket was their number one and only priority. I have never been treated with such respect and compassion. I definitely recommend talking to them about any of your legal needs.- Scott R.
-
"If you need any Legal advice or assistance reach out to the Gasper Law Group. 5 star service."Gasper Law Group is great to work with. I recently did Estate Planning and they were awesome. Explained everything thoroughly. Emily, Jack, Therese , Holly, and Emily are all very professional. If you need any Legal advice or assistance reach out to the Gasper Law Group. 5 star service.- Ruby D.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 719-212-2448 today!
-
DUI/DWAIWhether it is your first offense or a repeat offense, our DUI/DWAI lawyers can mitigate the impact of a drunk driving arrest. We address all aspects of DUI/DWAI defense, including license suspensions, minor in possession (MIP) and underage DUI/drinking, DUI probation requirements, fighting a DUI, and more. Check out our Comprehensive Guide to Colorado DUI & DWAI for more information.
-
Sex OffensesOur sex crimes defense attorneys have handled high-profile cases of rape, child pornography, and soliciting minors for sex, and are familiar with the Sex Offender Management Board (SOMB) hoops clients must jump through to regain their freedom.
-
Drug ChargesFrom drug possession or DUID to trafficking or manufacture, our drug crime attorneys work to keep our clients out of prison. With a strong defense, it is possible to have charges reduced or dropped altogether.
-
Juvenile Crimes
We’ve seen the damaging effects a conviction can have on the lives of adults, but they can have far-reaching consequences for juveniles just as much. From minor in possession (MIP) charges to assault, theft, etc., our Colorado Springs criminal attorneys protect your child’s rights and fight for the least damaging resolution for their future.
-
White Collar Crimes
Whether you are being charged with fraud, embezzlement, forgery, identity theft, or any other white collar crime, our criminal defense attorneys can represent you and work toward the best outcome possible.
-
Under InvestigationIf you are under investigation but not yet charged for an economic crime, drug crime, internet crime, or any serious felony, our experienced investigation lawyers can advise you.
-
Domestic ViolenceWe defend individuals charged with domestic violence and assault, as well as fight the issuance of a permanent restraining order or additional criminal charges of violating a restraining order (VRO).
-
Probation/Parole ViolationsIf you are accused of violating the terms of your probation or parole, you may face extremely serious legal penalties. Our Colorado Springs criminal defense attorneys can help guide you through any issues.
-
Violent CrimesThe penalties for violent crimes, including first- and second-degree assault, murder, kidnapping, arson, burglary, and aggravated robbery, are typically severe. Having one of our skilled criminal defense attorneys on your side is crucial to secure the best possible outcome.
-
FeloniesState felonies are more serious offenses and thus require a criminal defense attorney with the highest level of expertise – that is where our team comes in. Our seasoned attorneys have represented clients in a wide range of felony crimes.
Why Choose The Gasper Law Group?
-
Committed to the Community
-
Helping People First
-
Offering Payment Plans