Pueblo DWAI Lawyer

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

At Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer, we encourage drivers to schedule a consultation with an experienced Pueblo DWAI lawyer today.

If you are facing a charge of driving while ability impaired in Pueblo, you are facing a criminal misdemeanor. A conviction adds points to your driving record and is treated as a prior conviction if another impaired-driving charge follows.

A DWAI charge is often defensible, particularly when the test result is close to the legal threshold. Our Pueblo, CO DWAI lawyer reviews how that result was obtained and whether it supports the charge. Christian A. Schwaner belongs to the National College for DUI Defense and studies the science of breath and blood testing. Request a free consultation today.

DWAI Lawyer Pueblo, CO

Driving while ability impaired, or DWAI, is Colorado’s lowest-level impaired-driving offense. It applies when alcohol, drugs, or both affect the driver’s ability to operate a vehicle safely, even slightly. It is commonly charged when a test result falls between the DWAI and DUI thresholds. A DWAI attorney in Pueblo defends against that charge in court and works to keep it from becoming a prior offense in the driver’s future.

In 2022, 18 people died in Pueblo County crashes involving an impaired driver, which placed the county among the seven highest totals in Colorado in CDOT impaired-driving data for that year.

Types of DWAI Cases We Handle in Pueblo

A DWAI charge can stem from alcohol, from drugs, or from a negotiated reduction of a DUI, and the source shapes the defense. The cases a Pueblo DWAI lawyer defends generally fall into the categories below.

• Alcohol-based DWAI. The breath or blood result falls above the DWAI threshold but below the DUI limit. At that level, a small error in timing or calibration can determine whether the charge is supported at all.
• Drug-based DWAI. Marijuana, prescription medication, and even some over-the-counter drugs can support a DWAI charge. Blood tests confirm the presence of a substance, which is not the same as proving impairment at the time of driving.
• DWAI reduced from DUI. Drivers originally charged with DUI are sometimes offered a DWAI as part of a plea agreement. Whether to accept that offer depends on the strength of the DUI evidence and the client’s prior record.
• Second or subsequent DWAI. Colorado counts earlier impaired-driving convictions without regard to age, and a repeat offense carries mandatory jail time. The prior record itself must be proven, which can present its own issues.
• Underage drinking and driving. Drivers under 21 can face charges at alcohol levels well below those that apply to adults. The license consequences for a young driver can be significant, and related charges such as underage possession sometimes accompany the case.
• DWAI after a collision. An accident increases the potential penalties and adds questions of fault, injury, and insurance to the case. We obtain the crash report and witness accounts to address those questions directly.
• 6-point speeding tickets. Speeding stops sometimes lead to impaired-driving investigations. A 6-point speeding conviction and a DWAI conviction from the same stop together place a driver above the adult point limit.
• Traffic tickets. A citation for weaving, an improper lane change, or careless driving often serves as the officer’s stated reason for the stop. Challenging that citation can affect the admissibility of everything that follows.
• Military criminal defense. Service members charged with DWAI in a civilian court may also face administrative consequences with their command. Our defense takes those military consequences into account from the outset.

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

Close Review of Low-Level Test Results

Our firm was founded by Christian A. Schwaner to focus on criminal and DUI defense, and his NCDD membership connects him with research and training on breath testing, blood analysis, and field sobriety procedures. Those subjects matter most in a DWAI case, where the difference between a result that supports the charge and one that does not can be very small. His understanding of how impaired-driving cases are charged dates to his years in public service, when he prosecuted cases for the district attorney’s offices of El Paso and Teller Counties and accepted special prosecutor assignments in Pueblo and Cañon City.

Because DWAI and DUI arise from the same type of investigation, the defense draws on everything our firm does as a DUI lawyer in Pueblo, CO.

DWAI as a Charge and as a Negotiated Outcome

Some clients are charged with DWAI from the start. Others are charged with DUI and later offered a DWAI as part of a plea agreement. In either situation, our firm explains what a DWAI conviction would mean for the client’s record, driving privileges, and any future case before a decision is made. Our founder has helped DUI clients reach favorable outcomes after other attorneys told them that little could be done, although no lawyer can guarantee a particular result in any case.

Understanding DWAI Cases

What Are Important Aspects of a DWAI Case?

The answers to four questions shape most DWAI cases in Pueblo, and a DWAI attorney in Pueblo, CO addresses each one early.

1. The test result and its reliability. A result near the threshold leaves little room for error. Medical conditions can also distort a reading, and the relationship between diabetes and breath tests is one documented example.
2. The substance involved. A case based on prescription drugged driving raises different questions than an alcohol case, including whether the medication was taken as directed.
3. The driver’s prior record. A DWAI conviction becomes part of the record a court considers in any later impaired-driving case, which raises the stakes of how a first DWAI is resolved.
4. The consequences outside court. A conviction can affect insurance rates, and service members face separate military personnel consequences.

What Is the DWAI Case Timeline?

A DWAI case begins at the traffic stop and continues through roadside testing and a breath or blood test. Depending on the test result and the driver’s age, the officer may also serve a notice of revocation, and a driver who receives that notice must request a hearing with the Division of Motor Vehicles within seven days.

The criminal case proceeds in county court, where the first appearance is an arraignment. Discovery follows, including reports, video, and testing records. The decision whether to accept a plea bargain depends on what discovery reveals, and cases that do not resolve proceed to trial.

A sentence commonly includes alcohol and drug education, and the Division of Motor Vehicles assesses points after the conviction is reported.

Charges, Penalties, and Defense Strategies for DWAI Cases

Charges. Colorado law separates impaired driving into tiers, and understanding the differences among DUI, DWAI, and DUID is the starting point for any defense. Drug cases raise separate evidentiary issues, which CDOT drugged driving guidance describes from the state’s perspective.

Penalties. A DWAI conviction is a misdemeanor that can carry probation, fines, community service, required education, and jail. Each prior impaired-driving offense raises the penalty range, and a repeat conviction brings mandatory jail time.

Defense strategies. A DWAI lawyer in Pueblo examines when the alcohol or drug was consumed relative to the test, whether the testing equipment was properly maintained, and whether the officer had a lawful basis for the stop. Even when a conviction cannot be avoided, there are ways to minimize the impact of the case on a driver’s record and future.

What Should You Bring to Your DWAI Consultation?

Before the consultation, a Pueblo DWAI attorney will want to see the following materials if they are available.

• The summons or other charging documents
• Any breath or blood test results and any notice of revocation
• Prescriptions and any other medications taken at the time
• A timeline of food and drink consumed before driving
• Information about any prior impaired-driving or traffic cases

Our free consultation covers the strength of the test evidence, the likely sentencing range, and how a DWAI conviction would interact with any prior offenses.

Pueblo Courthouses and Local Criminal Justice Resources

• Pueblo Veterans Treatment Court: The 10th Judicial District’s problem-solving court for veterans, which began as a pilot in 2014, combines judicial supervision with treatment and veteran mentorship.
• DUI and DWAI education: The Colorado Behavioral Health Administration explains the Level II education and therapy programs courts and the DMV commonly require.
• DMV education requirements: The Colorado Division of Motor Vehicles describes the treatment tracks required for license reinstatement.

The agencies listed above are independent of our firm, and we do not endorse or represent them. Contact each agency to confirm its current requirements.

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

Reviewing the test evidence before the first court date preserves the widest range of options in a DWAI case. Contact us to schedule a free consultation. During that meeting, our firm will explain the charge, the possible penalties, the license consequences, and the defenses available in your case.