Being arrested for DUI is serious. When a child is in the vehicle at the time of the stop, the situation becomes significantly more complicated. In Weld County, prosecutors routinely file both DUI and Child Abuse charges when a minor was present during an alleged impaired driving incident. If you were arrested in Greeley, Evans, Windsor, Firestone, Frederick, Dacono, Erie, Milliken, Johnstown, LaSalle, Platteville, Fort Lupton, or anywhere else in Weld County, you are facing a case that can carry lasting criminal consequences.
DUI Charges Under Colorado Law: A Greeley DUI Attorney Explains
DUI offenses in Colorado are charged under Colorado Revised Statutes 42-4-1301. A person can be charged with DUI if they are substantially incapable of safely operating a motor vehicle due to alcohol, drugs, or a combination of both. A blood alcohol content of 0.08% or higher creates a permissible inference of intoxication, but drivers can also be charged based on impairment even if their BAC is lower. Penalties for DUI depend on prior convictions and chemical test results. Even a first offense can involve jail exposure, probation, alcohol education classes, community service, fines, and driver’s license consequences through the Colorado Department of Revenue.
Why Is Child Abuse Charged with DUI in Weld County?
When a child is in the vehicle, prosecutors frequently add a charge under Colorado Revised Statutes 18-6-401. Under this statute, a person may be charged with Child Abuse if they knowingly, recklessly, or negligently place a child in a situation that poses a threat of injury to the child’s life or health.
In DUI cases, the theory is that driving while impaired places the child at risk, even if no accident occurred and no one was physically injured. When no injury results, the charge is often filed as a misdemeanor, but it can still carry serious penalties and long-term consequences.
Potential Penalties and Long-Term Consequences for Evans DUI and Child Abuse Charges
When DUI and Child Abuse are charged together, the penalties can stack. A defendant may face jail time on the DUI, additional penalties for Child Abuse, mandatory alcohol treatment, parenting classes, probation supervision, and protection plan requirements.
Beyond court-imposed penalties, there can be collateral consequences. A Child Abuse conviction may impact custody disputes, parenting time arrangements, professional licensing, and background checks. In some cases, the Colorado Department of Human Services may become involved. Because these cases involve both impaired driving law and child welfare statutes, they require careful legal analysis and strategic planning.
Why You Should Call an Experienced Weld County Criminal Defense Attorney!
If you are under investigation or have been arrested for DUI with a child passenger in Weld County, you should consult a criminal defense lawyer immediately. Statements made to officers, even informal comments, can later be used to establish impairment or knowledge. An experienced Colorado criminal defense attorney can review the evidence, identify constitutional issues, negotiate with prosecutors, and pursue strategies aimed at reducing charges or minimizing long-term consequences. Early preparation can significantly affect bond conditions, plea negotiations, and potential sentencing outcomes.
Charged with DUI or Child Abuse in Weld County? Protect Your Rights and Your Family
If you were arrested in Greeley, Evans, Windsor, Firestone, Frederick, Dacono, Erie, Milliken, Johnstown, LaSalle, Platteville, Fort Lupton, or anywhere in Weld County, take the charges seriously and act quickly. DUI and Child Abuse allegations can affect not only your freedom but also your relationship with your children and your future. Exercising your right to remain silent and seeking experienced legal counsel is the first step toward protecting both your record and your family.