If you have been stopped, arrested, or charged with DUI or DWAI anywhere in Weld County including Greeley, Windsor, Evans, Fort Lupton, Eaton, Johnstown, Firestone, Frederick, or any of the county’s smaller communities, you are facing a serious charge with lasting consequences. Colorado’s drunk and impaired driving laws are among the strictest in the country, and Weld County prosecutors pursue these cases aggressively.
Understanding what you are charged with, what the penalties look like, and what defenses exist is the first step toward protecting your future. This article breaks it all down.
DUI vs. DWAI: What’s the Difference? A Weld County DUI Attorney Explains
Colorado law creates two distinct impaired driving offenses, and the distinction matters enormously for penalties and defense strategy.
Driving Under the Influence (DUI) applies when a driver is substantially incapable, mentally or physically, of safely operating a vehicle due to alcohol, drugs, or a combination of both. A blood alcohol content (BAC) of 0.08 or higher triggers a per se DUI, meaning the BAC level alone is enough for conviction without additional proof of impairment.
Driving While Ability Impaired (DWAI) is a lower threshold. A driver commits DWAI when any amount of alcohol or drugs affects them to the slightest degree, enough to make them a less safe driver. A BAC between 0.05 and 0.079 gives rise to a DWAI. DWAI is a lesser offense than DUI, but it is still a criminal charge with real consequences and still appears on your driving record.
Colorado also separately addresses Driving Under the Influence of Drugs (DUID), including marijuana. With recreational cannabis legal in Colorado, Weld County sees a significant number of drug-related impaired driving arrests. There is no per se legal THC limit for driving. Impairment is assessed through officer observation, field sobriety tests, and blood testing.
Greeley DUI Lawyer: DUI and DWAI Penalties
First-offense DUI in Colorado is a misdemeanor, but the penalties are substantial:
- 5 days to 1 year in the Weld County Jail
- Fines from $600 to $1,000, plus significant surcharges
- 48 to 96 hours of useful public service
- License revocation through the DMV
- 12 points assessed against your driving record
- Alcohol education and treatment program requirement
- Possible ignition interlock device installation
A first-offense DWAI carries lighter penalties:
- 2 to 180 days in the Weld County Jail
- fines from $200 to $500, plus surcharges
- 8 points on your license
But don’t be fooled, it is still a criminal conviction. Subsequent DUI or DWAI offenses carry dramatically increased jail time, longer license revocations, and mandatory ignition interlock periods. A fourth DUI offense in Colorado is a Class 4 felony, punishable by 2 to 6 years in the Department of Corrections.
Beyond the criminal penalties, a DUI or DWAI conviction triggers a separate administrative action by the Colorado Division of Motor Vehicles. You have only 7 days from your arrest (or results of your blodd test) to request a DMV hearing to contest your license revocation. Missing that window results in automatic revocation. This hearing is independent of the criminal case.
Where DUI and DWAI Charges Arise Across Weld County
DUI and DWAI arrests happen on every major corridor in Weld County like on U.S. Highway 34, U.S. 85, Colorado Highway 257, Interstate 25, and on county roads throughout the region. Law enforcement agencies making these arrests include the Greeley Police Department, Evans Police, Windsor Police, the Weld County Sheriff’s Office, and Colorado State Patrol troopers assigned throughout the county.
Cases are prosecuted by the Weld County District Attorney’s Office in the 19th Judicial District and heard in Weld County Court and District Court. Our firm defends DUI and DWAI clients across the county, including in Greeley, Windsor, Evans, Fort Lupton, Eaton, Ault, Kersey, Platteville, Milliken, Johnstown, Firestone, Frederick, Mead, La Salle, Gilcrest, Hudson, Lochbuie, Dacono, Severance, Garden City, Pierce, and Galeton.
Facing DUI or DWAI charges in Weld County? Act quickly.
With a 7-day DMV hearing deadline and criminal proceedings moving fast, the time to contact a Weld County DUI defense attorney is now. Early intervention protects your driving privileges, your criminal record, and your future.
If you or someone you love has been charged with DUI or DWAI, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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