A woman was in the midst of a nasty breakup with her boyfriend when she decided to go out bar hopping with her friends. She and the boyfriend were texting back and forth throughout the night and while she was driving drunk, she texted him “Driving drunk…I’ll be dead thanks to you.” Just minutes after the text was sent, she ran a red light and crashed into a truck. The girlfriend and the man driving the truck survived the crash, but the passenger in the girlfriend’s car was killed. The woman is now facing DUI and Vehicular Homicide charges. Her text is quite an admission
Vehicular Homicide in Greeley
C.R.S. 18-3-106 – Vehicular Homicide – is defined by Colorado law as:
(b) (I) If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide.
(c) Vehicular homicide, in violation of paragraph (a) of this subsection (1), is a class 4 felony. Vehicular homicide, in violation of paragraph (b) of this subsection (1), is a class 3 felony.
Under the law, the woman must have had a BAC (blood alcohol content) of .05 or higher to be considered under the influence of alcohol. This means the woman will be facing a class 3 felony because she was driving under the influence of alcohol, which was the cause of her friend’s death. In Greeley, Evans, and Erie, a class 3 felony is punishable with 4 to 12 years in the Colorado Department of Corrections (DOC).
Driving Under the Influence in Weld County
As a traffic offense, C.R.S 42-4-1301 – Driving Under the Influence / Driving While Ability Impaired – is defined as:
(b) It is a misdemeanor for any person who is impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs, to drive a motor vehicle or vehicle.
Driving Under the Influence (DUI) is charged when a person has a BAC of .08 or higher. A first offense DUI is punishable by 5 days to 1 year in Morgan or Logan County Jail, $600 – $1,000 in fines, and community service. Driving While Ability Impaired (DWAI) is charged when a person’s BAC is more than .05 but less than .08. If charged with DWAI, a person can face 2 to 180 days in Weld County Jail, $200 – $500 in fines, and community service. For both DUI and DWAI convictions, the Colorado Department of Motor Vehicles (DMV) can suspend or revoke a person’s license.
If you or someone you love has been charged with a DUI, DWAI, or Vehicular Homicide, be smart, exercise your right to remain silent, and contact the best DUI criminal defense attorneys from the O’Malley Law Office at (970) 616-6009 to schedule a free consultation. Together, we can protect your future.
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