Exceptional Colorado Springs DWAI Defense Attorneys

Lady being arrested in Colorado Springs for DWAI.

Driving While Ability Impaired (DWAI) charges are less serious than DUI charges. They can, however, still come with costly, lasting penalties. Consequently, it’s crucial to have an experienced lawyer – like the Colorado Springs DWAI lawyers at Anaya-McKedy, P.C. – on your side, fighting to protect your rights, defend you and work towards the best outcome possible.

The DUI & DWAI attorneys at Anaya-McKedy, P.C. have more than 30 years of criminal trial experience and have litigated numerous DUI and DWAI cases. As former prosecutors, we know the tactics and arguments the prosecution will use try to secure a conviction. This empowers us to anticipate what the prosecution may do and strategically structure and present your defense.

Arrested for or Charged with DWAI or DUI? 

Call (719) 227-0007 or Email Us for a Free, Confidential Consultation

Our attorneys are available 24/7 to answer your questions, put you at ease and aggressively defend you. We can discuss your case however it is convenient for you, including over the phone, at our offices in Colorado Springs or at jail.

What Is the Difference Between DWAI & DUI Charges?

DWAI charges are misdemeanors that can be filed when motorists are suspected to have blood alcohol contents (BACs) between 0.05 and 0.08. In contrast, DUI charges can be filed when drivers allegedly have BACs of at least 0.08.

Can I Plead a DWAI Down to a Wet Reckless?

Whether or not pleading a DWAI down to a wet reckless is possible will depend on the facts of a given case. Generally, this is more likely to be an option for first-time offenses involving lower BACs and no aggravating factors (like accidents or injuries).

What Are the Penalties for Colorado DWAI?

In the event of a conviction, penalties for Colorado DWAIs will vary according to whether the driver has any prior convictions. The table below presents the different potential penalties for DWAIs, based on the number of prior convictions:

DWAI Offense

Jail TimeFines

Additional Penalties

1st DWAI

2 to 180 days

Up to $500

  • Community service
  • License suspension

2nd DWAI

Mandatory 10 days & Up to 1 year

Up to $1,500

  • Community service
  • License suspension

3rd DWAI

Mandatory 10 days & Up to 1 year

Up to $1,500

  • Community service
  • License suspension

4th DWAI
(Felony DWAI)

At least 90 to 180 days in jail* &

Up to 2 to 6 years in prison

Up to $500,000

  • 3 years of parole
  • Community service
  • License suspension

*If a work release program is included in the sentence, the minimum required jail time is 120 days, and the maximum is 2 years.

Please note that:

  • A DWAI conviction can be counted as a prior DUI in any subsequent DUI case (for the purposes of filing charges and/or handing down a sentence).
  • Colorado does not have a “lookback” or “washout” period, meaning that all prior DWAIs (and DUIs) will stay on your record and can be counted as a prior in a subsequent case, regardless of how long ago the conviction occurred.

Put 30+ Years of Criminal Law Experience in Your Corner: Contact an Experienced Colorado Springs DUI & DWAI Lawyer at Anaya-McKedy, P.C.

If you or a loved one has been arrested for or charged with DWAI in Colorado, call (719) 227-0007 or email us to speak to a trusted Colorado Springs DUI & DWAI lawyer at Anaya-McKedy, P.C. We provide free, confidential, no obligations consultations, and we are available and ready 24/7 to:

  • Discuss your unique situation
  • Answer your questions
  • Advise you of your rights and options for proceeding
  • Aggressively defend you at every step moving forward.

The lawyers at Anaya-McKedy, P.C. take pride in providing the best possible outcome for our clients while treating them with the highest level of respect and professionalism. We are also proud to represent civilians and members from all branches of the military DUI cases.

We understand that your case is likely the most important thing in your life, and we will handle it with expertise and the utmost care.

Our extensive experience and record of success in DWAI and DUI cases have earned us many professional honors, 5-star reviews on Facebook and Google, and the respect of colleagues, local judges and prosecutors.