We are often amazed at the low blood alcohol levels allegedly supporting charges of Driving While Ability Impaired by Alcohol (DWAI) in Larimer County. While the State of Colorado has established a permissible inference of “impairment” if a driver’s blood alcohol level is above .05 and less than .08, Fort Collins Police Officers, Larimer Sheriff Deputies and State Patrol Troopers routinely charge DWAI on lesser BAC levels. Under these standards, anyone who has consumed alcohol would be driving impaired.
Under police standards, anyone who has consumed alcohol would be driving while ability impaired.
Fort Collins Driving While Ability Imparied Lawyer: The Definition of DWAI is Vague
Law enforcement officers charge low BAC levels under a vague definition used to define Driving While Ability Impaired in Colorado: DWAI is:
“Driving a vehicle when a person has consumed alcohol or drugs, or a combination of alcohol and drugs, which affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”
Under this definition, Larimer County District Attorneys will argue that speeding, or an accident, were the result of the consumption of alcohol, thereby justifying the police stop. Our experienced DWAI defense lawyers successfully respond to this argument by showing that people who have not consumed any alcohol routinely speed and are involved in motor-vehicle collisions. In fact, most people involved in speeding and motor-vehicle collisions have not drank any alcohol. Do you see how subjective the language “which affects the person to the slightest degree” can be?
The DWAI statute is subjective and vague.
Larimer County Driving While Ability Impaired Attorney: Working With an Experienced DWAI Lawyer is Crucial for Your Defense
Because of this subjectivity, our experienced criminal defense attorneys know that any DWAI charged is defensable. We will carefully examine every component of your DWAI stop at the Colorado State University or elsewhere in Larimer County, and illustrate the faulty foundations underlying the DA’s case to your jury. Things like the observed driving, weaving, failure to signal, roadside maneuver performance, the smell of alcohol, disorderly clothing and the BAC level can all be explained in a favorable light to a jury. Don’t trust your future to an overworked public defender or a part-time criminal lawyer who also practices divorce and personal injury. Come in for a free consultation and see why our attorneys are worthy of your trust.
Our lawyers only practice criminal defense. We routinely handle both DUI and DWAI cases. So, when your driver’s license and driving privilege are in jeopardy in Larimer County, Fort Collins or Loveland, call us at 970-658-0007, or submit the “Get Help Now” form.
Together, we can protect your future.