DWAI roadside testIf an officer pulls you over for suspicion of drunk driving, he/she will begin the process of determining if you’ve been drinking and whether you are impaired. If the officer believes you have been drinking you may be subjected to a voluntary roadside sobriety test and blood or breath test. Everything the officer does from the time he/she pulls you over is designed to gather evidence against you in a case. Once you are arrested, you are given the choice between a blood or a breath test. In the State of Colorado, if your BAC (Blood Alcohol Content) is above .05 to .079, you are considered to be Driving While Ability Impaired (DWAI). Anything higher would classify as a DUI.

A DWAI charge can carry a maximum sentence of 180 days of jail, a fine up to $500, a mandatory alcohol evaluation and treatment, and up to 48 hours of Useful Public Service for a first offense. A DWAI conviction would also result in an 8-point violation, and could result in revocation of your license.

But the Law Firm of Jaray & Webster has the expertise to defend you and get you the best possible outcome in court. We’ll evaluate how the roadside sobriety tests were conducted and how other evidence was gathered. We understand how to challenge prosecutors and will dig through each step of the process, from when you were pulled over to your arrival at the jail. We will ensure that your rights are protected.

What to do if pulled over

  • Be polite. Officers are only doing their jobs and being impolite only adds to the evidence against you.
  • Have your license, registration and insurance information easily accessible.
  • Only answer questions regarding basic identifying information, such as your name, age and address.
  • Speak as little as possible. Everything you say will be written down and used against you later on. Only provide identifying information to law enforcement.
  • Politely decline to answer questions about why you were pulled over or what you were doing.
  • If you are arrested, ask for an attorney immediately. This will stop any further questioning by police.

If you’ve been charged with a DWAI, contact the Law Firm of Jaray & Webster at
(719) 633-6620 right away to schedule a free consultation.