Greeley, Windsor, and Ault residents know that you can face Driving Under the Influence charges if you get behind the wheel of a vehicle after having consumed alcohol, marijuana, or a controlled substance. Did you know, however, that the same is true of bicycles and scooters? The DUI attorneys at the O’Malley Law Office know that a facing a DUI charge can have serious consequences on your personal life, finances, and your job. Below, we break down Driving Under the Influence charges and why you need an experienced defense attorney. If you are facing DUI charges in Fort Collins or Larimer County, get help here.
Weld County Definition of Driving Under the Influence, C.R.S. 42-4-1301
The legal definition of Driving Under the Influence, C.R.S. 42-4-1301, in Weld County is:
(1)(a) A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence.
(f) “Driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable 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.
Simply put, when a driver uses alcohol or drugs and it substantially affects their judgment in operating a vehicle, they can then be charged with Driving Under the Influence.
What is Considered a Vehicle Under Colorado Law?
In Colorado, a vehicle is defined under C.R.S. 42-1-102 as:
(112) “Vehicle” means a device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. “Vehicle” includes a bicycle, electrical assisted bicycle, electric scooter, or EPAMD, but does not include a wheelchair, off-highway vehicle, snowmobile, farm tractor, or implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved exclusively over stationary rails or tracks or designed to move primarily through the air.
This means that even a bicycle or scooter can be considered a vehicle. If you drink or use drugs and then ride a bicycle or operate any of the other vehicles listed above, you could face a DUI charge.
Sentence and Penalties for a Driving Under the Influence in Greeley, Colorado?
In Greeley and across Colorado, the sentences and penalties for Driving Under the Influence depend primarily on if there is a prior conviction of Driving Under the Influence or Driving While Ability Impaired on the defendant’s record. Below, the chart explains the possible sentences and penalties for a conviction of DUI, depending on whether the defendant had any prior convictions:
| Number of Offenses | Sentence | Penalties |
| 1st Offense | Misdemeanor | 5 days – 1 year in the Weld County Jail
· $600 – $1,000 in fines plus additional surcharges · 48 to 96 hours of public service · 12 DMV points · 9-month license suspension · Alcohol education classes |
| 2nd Offense | Misdemeanor | · 10 days – 1 year in the Weld County Jail
· 48 – 120 hours of public service · $600 – $1,500 in fines plus additional surcharges · 1-year license suspension · Alcohol education classes · Potential alcohol treatment · 12 DMV points |
| 3rd Offense | Misdemeanor | · 60 days – 1 year in the Weld County Jail
· $600 – $1,500 in fines plus additional surcharges · 48 – 120 hours of public service · 2-year license suspension · 12 DMV points · Alcohol education classes · Alcohol treatment program |
| 4th or Subsequent Offense | Class 4 Felony | · Probation + minimum of 90 days in the Weld County Jail, or
· 2 – 6 years in a Colorado prison · $2,000 – $500,000 in fines plus additional surcharges · 48 – 120 hours of public service · 2-year license suspension · 12 DMV points · Alcohol education classes · Alcohol treatment program · Probation or 3 years of mandatory parole |
How Can a Top Weld County DUI Attorney Help You?
There are many different factors in DUI cases. If you have been charged, the top attorneys at the O’Malley Law Office can represent you at the Weld County Courts and get you the best outcome in your case. We will aggressively fight for your job, finances, and future both in and outside of the courtroom. Depending on your case, we can even fight to reduce or dismiss the charges you face.