Request a Consultation
Lawyers meeting

Denver DWAI/DUI Lawyer

If you have been arrested for driving under the influence (DUI) or driving while ability impaired (DWAI) in Denver, there are many potential consequences. Fortunately, there are also several possible defenses as well. Our defense lawyers at the Bendinelli Law Firm provide experienced and aggressive legal representation for clients facing DWAI/DUI charges in Denver. Call 1-800-ATTORNEY to schedule your free consultation.

Why You Need a Denver DWAI/DUI Lawyer

A qualified DWAI/DUI attorney has experience and knowledge of the complex laws applicable to your case. People who represent themselves often take the prosecution’s evidence at face value and fail to raise crucial issues that can dismiss the charges. A DWAI/DUI lawyer can challenge the evidence used against you to get the charges dropped. At the very least, they may be able to eliminate or reduce jail time, keep your license from being revoked, reduce the charge to a lesser offense, or help you avoid trial through a properly built plea bargain. The prosecution will have a team of lawyers on their side to help make the case against you. By hiring a reputable law firm to handle your case, you will have the same advantage.

The Difference Between DWAI and DUI Charges in Denver

It is a misdemeanor for any person under the influence of alcohol or one or more drugs, or a combination of alcohol and one or more drugs, to drive any vehicle in Colorado.

A DWAI charge means a driver was operating a vehicle while under the influence of alcohol or drugs, or a combination of both. It also means their blood alcohol content (BAC) was more than 0.05 but less than the national DUI standard of 0.08. As a result, the driver was incapable of exercising clear judgment and safe care in operating the vehicle.

A DUI, on the other hand, means a driver had a BAC of .08 or more. This gives rise to a presumption that a driver is under the influence of alcohol, and a field sobriety test would show they are mentally or physically impaired.

If you are pulled over and asked to blow into a Breathalyzer or take a blood or urine test, the result will determine if you can be charged for either type of impaired driving.

Penalties for DWAI and DUI in Denver

The penalties for both DUI and DWAI are severe, even for a first offense.

DWAI First Offense

    • Fines up to $500
    • From 2 to 180 days in jail
    • Up to 48 hours of community service
    • Eight points on your license
    • 10 days in jail or work release mandatory if the BAC is above .200

DUI First Offense

    • Up to $1,000 in fines
    • Between 5 and 365 days in jail
    • As much as 96 hours of community service
    • Twelve points on your license
    • A nine-month to a one-year suspension of your license
    • Substance abuse treatment program
    • 10 days in jail or work release mandatory if the BAC is above .200

Second & Third Offenses

    • A second offense DUI or DWAI requires a mandatory minimum of 10 days in jail or work release in Colorado. A third offense requires a mandatory minimum of 60 days jail or work release.
    • All of the requirements of a first offense, with additional alcohol therapy.
    • Supervised probation.
    • Increased fines.
    • Additional consequences against your driver’s license.

What to Do if You Are Arrested for a DWAI or DUI? Call Us

If you or a loved one is worried about a DWAI or DUI charge, reach out to the Bendinelli Law Firm right away. Our skilled Denver criminal defense lawyers will help you avoid having your license suspended and fight against your criminal charges regardless of whether they are weapons charges or assault. Call 1-800-ATTORNEY today for a free consultation about your case.