DWAI Attorneys & DWAI Lawyers - DWAI Defense (Driving While Ability Impaired)

What is DWAI?

In two states, Colorado and New York, Driving While Ability Impaired (DWAI) is a LESSER INCLUDED OFFENSE to DWI (or DUI). These "lesser offenses" offer the person less damage to their driver’s license, and have certain benefits over pleading to the standard DUI / DWI offense. Similar to other drunk driving offenses, a person is guilty of DWAI when he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state.

DWAI is a criminal law matters, so a misdemeanor could appear on your criminal record. If you are arrested for DWAI, you should contact a drunk driving defense lawyer immediately if you are arrested.

New "Per Se" Offense Has Been Enacted

In recent years, all 50 states and the District of Columbia have enacted a second, "per se", offense: driving with an excessive blood-alcohol concentration (typically .08%). BOTH offenses are charged, and you can even be convicted of both.

DMV Administrative Actions

In addition to the criminal DWAI charges brought, your state's department of motor vehicles can also take a variety of administrative actions against you whether or not you are actually convicted. Please refer to drunk driving for more information about this and other criminal charges that may be brought.

Should I hire a DWAI lawyer?

Because DWAI laws are so complex, you not only need to hire a DWAI attorney, but one who specifically specializes in DWAI defense. DWAI lawyers know that some of the enforcement and judicial procedures are unconstitutional and violate motorists' rights. They are more well versed with the different sobriety tests and their varying accuracy levels. Don't give up your rights. Contact an experienced DWAI attorney who understands your particular needs and situation.