During the holiday season, there was a huge push to crack down on drinking and driving across Colorado. Many people were arrested and charged with Driving Under the Influence and Driving While Ability Impaired during this crackdown. I have a feeling the new felony DUI law will be put to the test. I recently read a story about a man who was arrested for his third DUI. When police pulled him over for swerving, they observed two 13-year-old minors as passengers in the man’s car. Lucky for that man, he was only charged for the drinking and driving. If this had occurred in Greeley, Colorado, the man could have been facing Child Abuse charges as well.
Weld County Driving Under the Influence Attorney
The Colorado law definition of Driving Under the Influence and Driving While Ability Impaired – C.R.S. 42-4-1301 – is:
(b) A person who drives a motor vehicle or vehicle while impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs, commits driving while ability impaired. Driving while ability impaired is a misdemeanor, but it is a class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1) (b), C.R.S.; vehicular assault, as described in section 18-3-205 (1) (b), C.R.S.; or any combination thereof.
Have you been charged with DUI, DWAI or Child Abuse? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with DUI, DWAI or Child Abuse? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Greeley – Weld County DUI Lawyer on BAC or Blood Alcohol Level
According to our DUI and DWAI lawyers, in order to be charged with Driving Under the Influence, a person must have a BAC (blood alcohol content) of .08 or higher. If a person’s BAC is .05 to .079, then it would be charged as Driving While Ability Impaired. The punishment for a DWAI and DUI in Weld, Morgan, and Logan County, depends on the number of alcohol related driving convictions the person has. A first time offense will carry fewer penalties than a second or third offense. With the new DUI law, a fourth or subsequent DUI arrest would be charged as a felony, which carries a potential prison sentence.
Greeley Child Abuse Defense Lawyer – Drunk Driving a Threat of Injury to Kids
The Colorado law definition of Child Abuse – C.R.S. 18-6-401 – is:
Thankfully, the children in the car did not sustain any injuries, but that fact does not rule out the possibility of Child Abuse charges. Even just putting a child in a situation that may be deemed risky can result in these criminal charges. If the DA can prove that a person acted knowingly or recklessly and put a child in a situation that posed a threat of injury, class 2 misdemeanor Child Abuse can be charged. Drinking and driving can rise to the level of potential injury that Child Abuse charges are made.
If you or someone you love has been charged with Driving Under the Influence (DUI), Driving While Ability Impaired (DWAI) or Child Abuse, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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