Falcon DWAI Lawyer

Are you looking for a DWAI lawyer in Falcon, CO?

At Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer, we are trusted DWAI lawyers with over 25 years of experience.

If you have been charged with driving while ability impaired (DWAI) in Falcon, the charge rests on a lower standard of impairment than DUI, yet a conviction still counts as a prior offense in Colorado. Our Falcon, CO DWAI lawyer can challenge the evidence of impairment and evaluate whether any DWAI plea offer serves your interests.

Every DWAI case accepted by Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer begins with a review of the stop, the testing, and the officer’s observations. Christian Schwaner is a member of the National College for DUI Defense. Schedule a free consultation to review the evidence.

DWAI Lawyer Falcon, CO

DWAI applies when alcohol, drugs, or both affect a driver to the slightest degree, leaving the driver less able to operate a vehicle safely. Because the standard is low, the prosecution’s case often depends on officer observations, roadside tests, and a chemical test result below the per se limit. A DWAI lawyer examines whether that evidence actually establishes impairment and also handles cases in which a DUI charge is reduced to DWAI through negotiation.

Colorado State Patrol figures ranked El Paso County first among Colorado counties for impaired-driving arrests by state troopers in 2023, a year in which troopers issued 4,120 impaired-driving citations. DWAI cases from Falcon that begin with these arrests are filed in El Paso County Court.

Types of DWAI Cases We Handle in Falcon

DWAI charges arise in several ways, and each requires a different approach. Our DWAI attorney in Falcon handles the following matters.

• Alcohol-related DWAI. The most common form involves a breath or blood result below the legal limit combined with observations of impaired driving. Colorado law permits an inference of impairment from a result within a lower range, but the defense may rebut that inference with evidence about the driving, the testing, and the driver’s physical condition.
• Drug-related DWAI. Marijuana, prescription medication, and other substances can support a DWAI charge without any alcohol. The differences between marijuana and alcohol cases matter, because blood levels of THC do not correspond reliably to impairment.
• DWAI pleas reduced from DUI. Prosecutors frequently offer DWAI as a reduction from a DUI charge. Whether to accept a plea bargain depends on the strength of the evidence, any related license action, and the long-term effect on the driver’s record.
• Repeat DWAI. A prior DWAI or DUI conviction carries mandatory jail upon a later impaired-driving conviction. Colorado also has no lookback period that removes older convictions from consideration.
• DUI. When officers believe the impairment was substantial, the charge is filed as DUI, with DWAI available as a lesser offense. We defend the full charge while preserving the possibility of a reduced outcome.
• Traffic tickets. A DWAI arrest usually follows a stop for a violation such as speeding or drifting between lanes, and those citations are often filed with the DWAI. Each additional ticket carries its own points.
• Military criminal defense. Service members stationed near Falcon can face command action after a civilian DWAI arrest in addition to the court case. We account for both when advising on how to resolve the charge.
• Commercial drivers. Holders of a commercial driver’s license face additional license consequences after an alcohol-related conviction, which can affect their employment. Those consequences are part of our evaluation of any offer.

Why Choose Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer as My DWAI Lawyer in Falcon?

Because a DWAI conviction counts as a prior under Colorado’s repeat-offense rules, our firm evaluates each case with the long-term record in view.

DUI Defense Training Applied to DWAI Cases

Mr. Schwaner is a member of the National College for DUI Defense (NCDD), an organization devoted to the defense of impaired-driving cases. The organization’s focus aligns with the issues that decide most DWAI cases, including breath testing, blood analysis, and roadside procedures. Mr. Schwaner has practiced in Colorado since 1997, and the firm’s role as a criminal defense lawyer in Falcon, CO allows any related traffic or criminal charges to be addressed together with the DWAI.

Outcomes in Impaired-Driving Cases

Mr. Schwaner’s record includes:

• Favorable outcomes for impaired-driving clients who had been told by other attorneys that little could be done
• Thousands of criminal and DUI matters handled since 1997
• Best DUI Attorney recognition for Colorado Springs from Expertise in 2020

Clients receive a candid recommendation on whether a DWAI offer should be accepted or contested.

Understanding DWAI Cases

What Are Important Aspects of a DWAI Case?

The decision to contest a DWAI charge, or to accept DWAI as a plea, depends on several considerations:

• Whether the chemical test result supports an inference of impairment, and whether the timing of the test raises questions
• How the conviction will count if another impaired-driving charge arises in the future
• The points a DWAI conviction adds to the driver’s record and the likely effect on insurance premiums
• Whether the officer’s roadside observations are reliable, since sober drivers can fail standardized field tests for reasons unrelated to alcohol

Charges, Penalties, and Defense Strategies for DWAI Cases

Colorado’s impaired-driving laws place DWAI in the same statute as DUI, but its elements and penalties differ.

• DWAI requires proof that alcohol or drugs impaired the driver to the slightest degree, a lower threshold than the substantial incapacity required for DUI.
• A chemical test result within a defined range below the per se limit permits an inference of impairment, which the defense may rebut.
• Penalties can include jail, fines, community service, probation, and alcohol education, with mandatory jail for a second or later offense.
• A DWAI conviction adds points to the driver’s record and counts as a prior offense for future DUI and felony DUI purposes.
• Defenses include challenges to the BAC result, the administration of roadside tests, the basis for the stop, and the timing of the chemical test.

What Is the DWAI Case Timeline?

A DWAI case in El Paso County follows the same court process as other impaired-driving charges. After the arrest, the driver is released with a written court date. If the chemical test result met the per se limit or the driver refused testing, a separate license revocation process also begins with the Division of Motor Vehicles.

At the first appearance in El Paso County Court, the prosecutor typically extends an initial offer. Evidence, including body-worn camera footage and testing records, is exchanged before pretrial motions and further negotiation. Cases that do not resolve proceed to trial before a judge or jury. Before sentencing on any conviction, the court generally orders an alcohol evaluation through probation, which determines the level of education or treatment required.

What Should You Bring to Your DWAI Consultation?

Our Falcon DWAI attorney reviews these records at the first meeting:

1. The summons or complaint and any bond paperwork
2. The chemical test result, if one was provided
3. Any notice from the Division of Motor Vehicles
4. A list of prior traffic or alcohol-related cases
5. Prescription information, if medication may be at issue

No fee is charged for this initial meeting. It concludes with an explanation of whether contesting the charge or negotiating a resolution is the better course.

Falcon Courthouses and Local Criminal Justice Resources

DWAI cases from the Falcon area are filed in the El Paso County courts and supervised through 4th Judicial District programs.

1. El Paso County Judicial Building: 270 S. Tejon St., Colorado Springs, CO 80903. County Court divisions in this building hear DWAI cases.
2. 4th Judicial District Probation: 270 S. Tejon St., Ste. W200, Colorado Springs, CO 80903; (719) 452-5900. The probation department completes court-ordered alcohol evaluations and supervises probation sentences.
3. Colorado Behavioral Health Administration: Licenses the providers that deliver DUI and DWAI education and treatment ordered by courts.
4. Colorado Division of Motor Vehicles: Sets the Level I and Level II education and treatment requirements that apply to license reinstatement after an alcohol-related revocation.

Listing these offices does not imply an endorsement. None of them is affiliated with our firm.

Reach Out to Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer to Schedule a Consultation

A DWAI conviction remains on a driver’s record and counts in any later impaired-driving case. Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer offers a free consultation to review the evidence and any offer from the prosecutor. Our Falcon DWAI lawyer can explain whether the charge should be contested or resolved. Contact us to schedule a meeting.