First DWAI offense in Colorado
My friend was offered DWAI + probation, i'm not sure what are the penalties for DWAI. Their description is not very clear, what are the differences between DUI and DWAI? All the descriptions are with jail sentence which does not sound really good, plus, he doesn't speak english however the cops neglected to ask for an interpreter and automatically refused blood alcohol test for him, i thought they couldn't make decisions for him, i don't understand that part.
1 Answer from Attorneys
Re: First DWAI offense in Colorado
Your friend has many decent issues that would allow him to fight the charge. It may cost so money, but maybe he could win too.
Refusal is evidence against him, but juries will excuse a refusal in the right circumstances. This is likely one.
If the other evidence against him is not strong, then he may be in very good shape.
Does he have prior DUI?
If not, then there is not a hugh difference between a DUI and DWAI. Rarely does a judge give jail on a first and the rest of the consequences are the same.
Does he have a drivers license?