Driving Under the Influence / Driving While Ability Impaired Lawyer in Greeley, CO
Is Weld County Jail Time Always Mandatory in DUI / DWAI Cases?

DUI and DWAI usually entail mandatory Weld County Jail time, but not always. Contact our top criminal defense lawyers today!

Driving Under the Influence and Driving While Ability Impaired usually involve mandatory Weld County Jail time in Greeley, CO.  This jail sentence usually depends on the defendant’s BAC level at the time that they drove and the number of prior DUI / DWAI offenses they’ve had.  BAC can affect whether the defendant is charged with DWAI or DUI, and a high BAC of 0.20 or greater can result in a longer sentence.  The good news, however, is that if it’s the defendant’s first drinking and driving offense, Weld County Jail time may be avoidable.  If you have been charged with DUI or DWAI, don’t wait – contact a top Greeley DUI lawyer today.

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Weld County Jail Time for Driving Under the Influence / Driving While Ability Impaired

How Can I Avoid a Mandatory Weld County Jail Sentence for DUI or DWAI in Greeley?

Talk to the Best Weld County DUI Lawyers Today

Weld County Jail Time for Driving Under the Influence / Driving While Ability Impaired

Weld County Jail time for Driving Under the Influence or Driving While Ability Impaired is almost always a given.  See the table below for the presumptive sentencing range depending on the number of DUI / DWAI offenses:

Number of DUI / DWAI Offenses

Weld County Jail Time

1st – DWAI 2 – 180 days
1st – DUI 5 – 365 days
1st – DUI or DWAI with BAC of 0.20 or higher 10 – 365 days
2nd 10 consecutive days – 365 days
3rd 60 consecutive days – 365 days
4th or subsequent A 4th or subsequent DUI / DWAI is charged as a class 4 felony.  This is instead punishable by 2 – 6 years in the Colorado DOC + 3 years of mandatory parole upon release.

How Can I Avoid a Mandatory Weld County Jail Sentence for DUI or DWAI in Greeley?

Driving Under the Influence and Driving While Ability Impaired are usually punishable by a mandatory Weld County Jail sentence in Greeley.  However, this mandatory sentence may be suspended if it’s the defendant’s first DUI or DWAI.  For the Weld County Court to suspend the jail sentence, the defendant must undergo an alcohol evaluation, plus pay for and complete a Level I or Level II Alcohol Education program.  The program must be approved by the Colorado Behavioral Health Administration.

After this first offense, probation may be granted at sentencing, but the defendant must serve a combination of jail time + probation.  For example, the defendant may be sentenced to 10 consecutive days in the Weld County Jail before being released on probation, but they cannot serve probation alone.

Talk to the Best Weld County DUI Lawyers Today

If you have been charged for drinking and driving, your first move should be to talk to the best Weld County DUI lawyers today.  Weld County Jail time is not always avoidable, but we can help you protect your future by fighting to ensure that your sentence is as short as possible.  We can also ensure that other penalties that result from a DUI or DWAI conviction do not irrevocably destroy your future.  Don’t wait, and give us a call today to retain the representation you need to protect your future, freedoms, and finances.


Have you been charged with Driving Under the Influence or Driving While Ability Impaired?  Always be smart, and exercise your right to stay silent.  Never discuss your case with the Greeley Police or Weld County Sheriff.  Then get in contact with a top Greeley DUI lawyer with decades of experience at the O’Malley Law Office today by calling 970-616-6009.  Together, we can protect your future.

The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!

Photo by Ron Lach

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