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Last updated 7 years ago


DUI and DWAI defense go hand-in-hand.  Both are strict liability crimes with no mens rea attached.  This means you do not have to intend to commit the act or even know you were committing the act; you just actually have to commit the act of driving under the influence or while ability impaired.  DWAI is the acronym for "driving while ability impaired".  Driving while ability impaired means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs, affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

DWAI, like DUI, is a misdemeanor crime and because it is also an alcohol offense, DWAI is a lifelong offense and cannot be expunged nor the record sealed.  In order for an alcohol offense to be reduced to a non-alcohol offense, the district attorney must state that the State cannot prove prima facie in this case.  Because of this requirement and the possible penalties associated with a DWAI, people should always consult with and retain a Colorado DWAI attorney. 

Colorado is a no-tolerance state when it comes to alcohol and driving.  Do not attempt to fight your DWAI charge alone; consult with an experienced Colorado DWAI lawyer by contacting The Orr Law Firm immediately.  We offer free consultations and extensive experience representing alcohol offenders.  Contact us today at


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