Felony DWAI Lawyer

At Trbovich Law Firm, we understand the complexities and challenges that come with a felony Driving While Ability Impaired (DWAI) charge. If you or a loved one is facing such a serious legal issue in CITY, it's crucial to have knowledgeable legal representation. Our dedicated team is here to provide guidance and support throughout the legal process.

What Are DWAI Charges?

Driving While Ability Impaired (DWAI) charges pertain to operating a vehicle when a person's ability to drive is compromised due to alcohol or drugs. In Colorado, DWAI is considered a lesser offense than Driving Under the Influence (DUI) but is still a serious matter with significant legal consequences.

Key Aspects of DWAI Charges

1. Definition of DWAI
   DWAI is defined as having a blood alcohol concentration (BAC) between 0.05% and 0.08%, or being impaired by the influence of drugs. This means that even if a driver is below the DUI threshold, they can still face charges if their driving ability is noticeably affected.
2. Legal Implications
   Being charged with DWAI can result in various penalties, including:
3. • Fines: Convictions may lead to monetary fines that can vary based on the severity of the offense and any prior convictions.
   • License Suspension: A DWAI conviction typically results in a suspension of driving privileges for a specified period, impacting daily life and mobility.
   • Mandatory Alcohol Education Programs: Offenders may be required to complete substance abuse education or treatment programs.
3. Factors Influencing Charges
   Several factors can influence the severity of DWAI charges, such as:
4. • Prior Offenses: Repeat offenders may face harsher penalties.
   • Circumstances of the Stop: The legality of the traffic stop and the methods used to test impairment can affect the case's outcome.
   • Presence of Minors: Having minors in the vehicle during an impaired driving incident can lead to increased penalties.
4. Defending Against DWAI Charges
   If you are facing DWAI charges, it's crucial to understand your rights and potential defenses. A knowledgeable attorney can help by:
5. • Challenging Evidence: Examining the validity of field sobriety tests and chemical testing procedures.
   • Exploring Mitigating Circumstances: Identifying any factors that may reduce your culpability or demonstrate responsible behavior.

What Are Felony DWAI Charges?

Driving While Ability Impaired (DWAI) is a serious offense that involves operating a vehicle when one's ability to drive is compromised by alcohol or drugs. While many DWAI charges are classified as misdemeanors, certain circumstances can elevate these charges to felony status, leading to more severe legal consequences.

1. Felony Classification
   Felony DWAI charges can arise under specific conditions, including:
2. • Repeat Offenses: If an individual has multiple DWAI or DUI convictions, subsequent offenses may be elevated to felony status. Colorado law often considers repeat offenders more seriously, reflecting a pattern of irresponsible behavior.
   • Injury or Death: If a driver causes injury or death to another person while impaired, the charges can escalate to felony DWAI. This is particularly relevant in cases involving accidents where victims require medical attention or do not survive.
   • Excessive BAC: In some jurisdictions, a BAC significantly above the legal limit can result in felony charges, especially if it is coupled with aggravating factors like reckless driving or prior offenses.
2. Potential Penalties
   The consequences of a felony DWAI conviction can be quite severe and may include:
3. • Lengthy Prison Sentences: Unlike misdemeanor charges, felony convictions can lead to significant jail time or prison time, often ranging from one to several years, depending on the severity of the case.
   • Substantial Fines: Convicted individuals may face hefty fines that can reach thousands of dollars, which can place a financial burden on affected individuals and their families.
   • Extended License Suspension or Revocation: A felony conviction typically results in a longer suspension of driving privileges, further impacting daily life and employment opportunities.
3. Legal Implications
   A felony conviction can have long-lasting effects that extend beyond the immediate penalties. These implications may include:
4. • Criminal Record: A felony conviction results in a permanent criminal record, which can hinder job prospects, housing applications, and other aspects of life.
   • Increased Insurance Rates: Individuals with a felony DWAI on their record may face significantly higher car insurance premiums or may even find it challenging to obtain insurance coverage.
   • Social Stigma: The societal perception of a felony conviction can lead to social stigma, affecting personal relationships and community standing.

Navigating Felony DWAI Charges

Understanding the nuances of felony DWAI charges is crucial for anyone facing such allegations. A knowledgeable felony DWAI lawyer can provide valuable assistance by:

• Evaluating the Case: They will assess the specifics of your situation, including the evidence against you, to determine the best course of action.
• Developing a Defense Strategy: A well-crafted defense can challenge the validity of the charges, focusing on potential errors in testing methods, the circumstances of the arrest, or mitigating factors that may apply.
• Negotiating Plea Deals: In some cases, it may be possible to negotiate a plea deal that reduces the charges or penalties, thereby lessening the impact on your life.

In summary, felony DWAI charges are serious legal matters that require careful consideration and effective legal representation. At Trbovich Law Firm, we are dedicated to helping you navigate these complexities and work towards the best possible outcome for your case.

Working with a Felony DWAI Lawyer

Navigating the legal complexities of a felony DWAI charge can be daunting. Having a skilled felony DWAI lawyer by your side is essential to ensure that your rights are protected and that you receive the best possible outcome in your case.

The Role of a Felony DWAI Lawyer

1. Legal Guidance
   A felony DWAI lawyer provides expert legal guidance, helping you understand the charges against you, the potential consequences, and the legal processes involved. They will explain your rights and the steps you should take throughout the proceedings.
2. Case Evaluation
   Your lawyer will thoroughly evaluate the specifics of your case, including:
3. • The circumstances surrounding your arrest.
   • The evidence against you, such as breathalyzer results and field sobriety tests.
   • Any mitigating factors that could influence the case.
3. Developing a Defense Strategy
   Based on their evaluation, your lawyer will craft a tailored defense strategy. This may involve:
4. • Challenging Evidence: Identifying inaccuracies in the evidence presented by law enforcement.
   • Negotiating Plea Deals: In some cases, your lawyer may negotiate a plea agreement that results in reduced charges or penalties.
   • Representing You in Court: If your case goes to trial, your lawyer will advocate for you, presenting your defense and cross-examining witnesses.

Benefits of Working with a Felony DWAI Lawyer

1. Experience and Knowledge
   A qualified lawyer understands the intricacies of Colorado law and the local court system. Their experience can be invaluable in navigating the legal landscape effectively.
2. Protection of Your Rights
   Your lawyer will ensure that your rights are upheld throughout the legal process, protecting you from potential abuses and unfair treatment.
3. Stress Reduction
   Facing felony charges can be overwhelming. Having a lawyer handle the legal complexities allows you to focus on other aspects of your life while knowing that your case is in capable hands.

Choosing the Right Felony DWAI Lawyer

When selecting a felony DWAI lawyer, consider the following:

• Reputation: Look for a lawyer with a strong track record of success in handling DWAI cases.
• Communication: Choose someone who communicates clearly and keeps you informed throughout the process.
• Personal Connection: It’s important to work with someone you feel comfortable with, as this relationship is crucial during a challenging time.

Get the Legal Support You Need

Facing a felony DWAI charge can be overwhelming, but you don’t have to navigate it alone. At Trbovich Law Firm, we are here to provide you with dedicated legal representation and support. Contact us today to discuss your case and explore your options. Your rights deserve protection, and we are here to help.