DWAI Attorney

Driving While Ability Impaired

The criminal defense legal team at Hebets & McCallin in Denver understands that sometimes bad things happen to good people. A driving while ability impaired or DWAI arrest can be humiliating and the legal process can be overwhelming. At Hebets & McCallin, meeting our client’s needs and objectives is our number one priority. We have dedicated our DWAI practice to maintaining a small case-load so that each and every one of our clients gets the personalized attention that they deserve.

DWAI, or Driving While Ability Impaired, is considered a major alcohol related traffic offense in Colorado. The repercussions are lower than those of a DUI, but individuals charged with these offenses still face serious consequences which can include up to 1 year in jail on some cases, probation for 1-2 years, community service, alcohol education classes, alcohol therapy classes, and possible license revocations. These consequences increase in severity based on your prior history of alcohol related offenses.

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Fighting a DWAI Charge

If you are facing DWAI charges, it is likely that you have a relatively low blood alcohol content, or the district attorney has some other problems with the case. It is essential that individuals in this position have an experienced, knowledgeable Denver DUI attorney to safeguard their constitutional rights and obtain the best possible result.

Many citizens facing DWAI charges are resigned to a DWAI conviction when in fact there is a strong opportunity for a successful defense. Standard Field Sobriety Tests or Roadside Maneuvers are often performed under conditions which invalidate their effectiveness, police officers often administer these test incorrectly or aren’t correctly certified to administer them, and prior injuries or medical conditions often affect the reliability of the results.

Similarly there are many situations when chemical tests of a suspect’s breath or blood are unreliable. Among other things, the proper maintenance of the testing machine, the proper certification of the officer administering the test, conformity with the Colorado Department of Health rules and regulations, and any underlying medical issues all can affect the validity of test results.