Key Takeaways:
DWAI stands for Driving While Ability Impaired. This happens when a person drives after drinking alcohol or using drugs. In Pueblo, you can get a DWAI if your blood alcohol content is between 0.05% and 0.08%. Police can also arrest you if you just look like you cannot drive safely. Liberty Law Center defends drivers in these cases to help them avoid jail. We work to protect your license and your future.
Driving While Ability Impaired (DWAI) is a specific charge for drivers in Pueblo and across the state. It is different from a standard Driving Under the Influence charge (DUI) because it requires less proof of impairment for a conviction. Knowing how the zero-tolerance law defines this charge helps you prepare a strong legal defense.
DWAI stands for Driving While Ability Impaired by alcohol or drugs. Under C.R.S. 42-4-1301, the zero tolerance law, you are guilty if you are affected to the slightest degree. This means you do not have to be completely drunk to face criminal penalties. If a substance makes you even a little bit less safe behind the wheel, you can be arrested.
The main difference between these two charges is your blood alcohol content (BAC). Driving under the Influence usually starts at a BAC of 0.08% or higher. A DWAI starts much lower, at just 0.05%. While a DUI suggests you are substantially unable to drive, a DWAI only requires proof that you were slightly affected. Liberty Law Center defends clients against both types of charges in Pueblo County courts.
You can get a DWAI even if your BAC is below 0.05%. Police look at how you drive and how you act during a traffic stop. If you swerve, hit a curb, or fail field sobriety tests, the officer can cite you for being impaired. The law focuses on your ability to drive safely, not just a number on a breathalyzer.
DWAI laws also apply to drugs, including prescription meds and marijuana. There is no set limit for most drugs, like there is for alcohol. Instead, the state must prove the drug made you a less safe driver. Even legal drugs can lead to a DWAI if they make you sleepy or slow your reaction time.
An arrest for DWAI in Pueblo follows a set process that starts the moment a police officer pulls you over. Law enforcement must follow specific rules to ensure they respect your rights during every step. Knowing how this process works can help you stay calm and protect your legal interests.
Police in Pueblo look for certain signs of a driver being affected by alcohol or drugs. Common signs include weaving between lanes, driving much slower than the speed limit, or stopping for no reason. Officers also watch for quick turns or a failure to use headlights at night. Once they see these behaviors, they have the legal grounds to initiate a traffic stop.
During a traffic stop, the officer will look for smells of alcohol, slurred speech, or red eyes. They may then ask you to step out of the car to perform field sobriety tests. These tests are meant to check your balance and your ability to follow simple instructions. It is important to know that these tests are voluntary under Colorado law.
If an officer believes you are impaired, they will arrest you and ask for a chemical test. Under the express consent law, you agree to this test just by driving on the road. You can usually choose between a breath test or a blood test, though drugs require a blood or urine sample. Refusing this test can lead to an automatic license suspension even if you are not found guilty in court.
You have the right to remain silent and to speak with a lawyer before answering deep questions. While you must show your ID and proof of insurance, you do not have to admit to drinking. You also have the right to refuse the roadside tests without losing your license right away. However, keep in mind that refusing the post-arrest chemical test has much more serious consequences for your driving rights.
After the arrest, you will be taken to the Pueblo County Judicial Building for booking. Staff will take your photo, record your fingerprints, and check for any health needs. You will be held in a cell until you can post bond or see a judge for your first court date. Liberty Law Center works to help clients get through this process and return home as quickly as possible.
A DWAI charge in Pueblo triggers both court-ordered punishments and rules from the Colorado Department of Revenue. These penalties are designed to discourage impaired driving and ensure public safety on local roads. Even a first offense carries a mix of jail time, fines, and long-term requirements.
When you are arrested for DWAI, the officer may serve you with a notice of revocation if you refuse a chemical test. Under the express consent law, your driver's license is revoked immediately, and you get a seven-day permit. Unlike a DUI, a first-time DWAI conviction by itself does not result in an automatic license suspension. However, the eight DMV points added to your record can still lead to a loss of driving rights if you have other recent tickets.
A first DWAI is a misdemeanor that carries a range of criminal penalties. While it is less severe than a DUI, the judge still has the power to send you to the Pueblo County jail. You will also face mandatory public service and steep fines that can strain your finances. Liberty Law Center works to minimize these outcomes by highlighting your clean record or other positive factors.
Penalty Type 1st DWAI Range Mandatory Minimum
Jail Time 2 – 180 Days None (unless BAC > 0.20)
Fines $200 – $500 $200
Community Service 24 – 48 Hours 24 Hours
DMV Points 8 Points 8 Points
If you have a prior conviction for DUI or DWAI, the law requires much tougher sentencing. A second or third offense makes jail time mandatory, meaning you cannot avoid spending time behind bars. These cases also lead to longer probation periods and higher supervision costs. If you reach a fourth offense, the charge becomes a class 4 felony, which can result in years in a Colorado state prison.
To get your driving rights back, you must go through a formal reinstatement process with the state. This usually involves paying a fee and showing proof of SR22 insurance. For repeat offenders, you will also need to install an ignition interlock device in your car for at least one year. You must keep this device in good working order and pass a breath test before you drive.
Beyond the main fines, many smaller costs add up quickly. You must pay into a victim compensation fund and cover the costs of your own probation monitoring. There are also fees for the mandatory alcohol and drug driving safety education classes you must attend. Failing to pay these monetary penalties can lead to a warrant for your arrest or a longer license suspension.
A DWAI case in Pueblo moves through the Tenth Judicial District Court and follows a set legal path. This process ensures that both the prosecutor and the defense have a chance to review the facts of the arrest. Understanding each step helps you prepare for your appearances and reduces the stress of the unknown.
Your first formal date is called the arraignment, where a judge informs you of the specific charges and your legal rights. Most people enter a plea of not guilty at this stage to allow their lawyer time to review the police reports. If you have already hired a criminal defense lawyer, they may be able to appear on your behalf so you do not have to miss work.
After the arraignment, the court sets a pre-trial conference to determine whether the case can be resolved without a full trial. During this time, your legal team files motions to challenge certain pieces of evidence, such as an illegal traffic stop or a faulty chemical test. We use this period to identify weaknesses in the state's case and seek dismissal or a reduction in charges.
Many DWAI cases are resolved through a plea deal rather than going to a jury. A plea deal is an agreement where you might plead to a lesser offense in exchange for lighter penalties or avoiding jail time. The Pueblo County District Attorney’s office often makes an initial offer, but you should never accept it without expert advice. Liberty Law Center negotiates with prosecutors to ensure any agreement is fair and protects your long-term record.
If a fair agreement cannot be reached, you have the right to a jury trial where six citizens from Pueblo decide your fate. The state must prove your guilt beyond a reasonable doubt, which is the highest standard in our legal system. During the trial, both sides present witnesses and evidence to the judge and the jury. While a trial can be intimidating, it is sometimes the best way to prove that your driving was not actually impaired.
The District Attorney (DA) is the lawyer who represents the state and pushes for a conviction. Their goal is to prove that you were affected by alcohol or drugs to the slightest degree while driving. They use police testimony, dashcam video, and lab results to build their argument against you. It is important to remember that the DA is not your friend; their job is to uphold the law and seek penalties for the offense.
If you are convicted or take a plea deal, the judge will likely order supervised probation. This usually lasts between one and two years and requires you to meet with a probation officer once a month. You must stay sober, which is tracked through random breath or urine tests performed by local monitoring firms. Failing a test or missing a meeting can lead to a probation violation and a potential stay in the Pueblo County jail.
A DWAI conviction in Pueblo affects more than just your driving record. The state shares your information with other agencies, which can trigger problems with your job and personal life—these extra hurdles often last much longer than the initial court case.
While a first-time DWAI does not cause an automatic license suspension, it adds eight points to your record. If you have other tickets, these points can result in the loss of your driving rights. Your car insurance company will also see the conviction and likely raise your rates. Most drivers must get SR22 insurance, which is a high-risk policy that costs significantly more than standard coverage.
Many jobs in Pueblo require a background check that will show your DWAI conviction. If your work involves driving a company car, your boss might let you go because their insurance will no longer cover you. People with a professional license, like nurses or teachers, face even more trouble. Under the Colorado Nurse Practice Act, you must report the conviction to your licensing board, which could lead to a formal investigation.
A criminal record can make it hard to travel to other countries. For example, Canada has very strict rules and often blocks people with any impaired driving conviction from entering. You might need to apply for special permission months before you plan to travel. These restrictions can affect your ability to take vacations or travel for work.
A DWAI is a public record that anyone can find with a simple search. This can cause embarrassment with your family, friends, and neighbors in the Pueblo community. In small towns, news of an arrest can spread quickly and hurt your local reputation. The social weight of a conviction often feels just as heavy as the legal fines. It can take a long time to earn back the trust of those around you.
In a divorce or custody battle, a judge looks at your parental responsibilities and the best interests of the child. A DWAI conviction might be used as evidence that you have a substance abuse issue. This could lead to a court ordering supervised visits or limiting your time with your children. Under C.R.S. 14-10-124, any factor that affects a child's safety is taken very seriously by the family court.
If you live in another state but get a DWAI in Pueblo, the news will follow you home. Your home state may then suspend your license or add DMV points based on its own laws. You must satisfy the rules of both Colorado and your home state to regain your full driving rights.
Facing a DWAI charge does not mean you will be found guilty in court. There are many ways to challenge the state's case and protect your driving record. A strong defense often starts by looking at the specific details of your traffic stop and the tests that followed.
A police officer must have a legal reason to pull you over, which is known as reasonable suspicion. If the officer stopped you without a valid reason, such as a clear traffic violation, the entire case might be dismissed. We check for the fruit of the poisonous tree, where evidence is thrown out because the initial stop was illegal. At Liberty Law Center, our law firm reviews dashcam footage and police reports to see if the officer truly had a reason to detain you.
Roadside tests like the one-leg stand are highly subjective and often lead to unfair conclusions. Many factors other than alcohol can cause a person to fail, such as nerves, poor lighting, or medical conditions. We will review whether the officer followed the strict training rules for these tests. If the tests were not done correctly, their results may not be allowed as evidence in your case. Common defense points include:
Breath and blood tests are not perfect and can produce wrong results if the equipment is not handled correctly. We look for proof that the breathalyzer was calibrated and that the blood draw followed Colorado Department of Public Health rules. A common defense is retrograde extrapolation, which argues your BAC was lower while driving than when you were tested at the station.
An affirmative defense is a legal reason that can excuse your actions even if the state's facts are true. For example, if you drank alcohol after you stopped driving but before the police arrived, that can be a valid defense. These strategies aim to show the judge that the criminal penalties should be reduced in light of the full story.
Colorado has a zero-tolerance law for drivers under 21. A minor can face a license suspension for a BAC as low as 0.02%, which is essentially any detectable alcohol. These baby DUI cases are handled differently, but still require a strong defense to protect a young person's future. We work to keep these marks off a student's permanent record so they do not lose scholarships or job options.
Pueblo courts handle cases their own way, and knowing the local players is a big advantage. A local criminal defense attorney understands how the District Attorney’s office evaluates plea deals. They can guide you through the Dennis Maes Judicial Building and ensure you never miss a deadline.
A DWAI conviction adds eight points to your Colorado driving record. This is lower than a DUI, but it can still lead to a license suspension for many drivers.
Yes, you can be charged if any drug makes you even slightly less safe to drive. This includes legal medications that cause sleepiness or slow your reaction time.
The legal threshold for a DWAI starts at a blood alcohol content of 0.05%. However, police can arrest you at lower levels if they see clear signs of impairment.
A first, second, or third DWAI is a misdemeanor in Colorado. It only becomes a class 4 felony if it is your fourth lifetime impaired driving offense.
No, field sobriety tests are voluntary in Colorado. You can politely refuse them without an automatic penalty, though the officer may still arrest you based on other signs.
Yes, a DWAI conviction is a criminal record that will appear on background checks. This can affect your ability to get a job or rent an apartment in Pueblo.
A DWAI charge is a serious matter that requires your full attention and a smart defense. The state of Colorado has strict rules that aim to punish any level of impaired driving. By taking the right steps now, you can work to limit the damage to your life and your record.
The court system in Pueblo can be hard to handle on your own. A lawyer who knows the local judges and prosecutors can find ways to help that you might miss. Liberty Law Center provides the guidance and support you need to fight these charges. We focus on protecting your rights and achieving the best possible outcome in your case.
If you were arrested for DWAI in Pueblo, you do not have to face the court alone. The sooner you get legal help, the more options you will have for your defense. Our team is ready to review your case and begin developing a plan to protect your future.
Contact Liberty Law Center today to talk about your DWAI charge. We will explain your rights and help you navigate the Pueblo County legal system. Let us help you put this incident behind you and get back on the road.
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