Facing a Driving Under the Influence, DUI ticket or Leaving the Scene of an Accident charge in Weld County? The DUI and Leaving the Scene attorneys at the O’Malley Law Office are knowledgeable and can help you with the details of your case. Recently, a man in Colorado Springs was arrested for DUI after he was allegedly involved car accident. After leaving the scene and later hitting a pedestrian, he was stopped and arrested. Hit and Run or Leaving the Scene of an Accident charges and DUI charges, are serious criminal charges. Below, our skilled traffic attorneys will discuss these charges and why it is important to hire an experienced attorney before you head to the Weld County Court.
Colorado Definition of Driving Under the Influence, C.R.S. 42-4-1301, in Colorado
The legal definition of Driving Under the Influence, C.R.S. 42-4-1301, in Colorado is:
Definition in Weld County Court of Leaving the Scene of an Accident, Hit and Run, or Accidents Involving Death or Personal Injuries, 42-4-1601
The definition in Weld County of Leaving the Scene of an Accident or Hit and Run is:
It is important to note that in the story above, the man who was arrested for DUI after allegedly Leaving the Scene of the first accident, was at fault. Yet, to be charged with a Hit and Run or Leaving the Scene of an Accident, either party can be charged if they leave and don’t remain at the scene or render aid. It is not just an obligation of the “at fault” party. We sometimes see the non-fault party leave the scene because there is an arrest warrant out in their name or they don’t have a driver’s license.
Accidents Involving Damage Only – What is a Driver’s Duty? C.R.S. 42-4-1602
Under C.R.S. 42-4-1602, the driver of any vehicle directly involved in an accident resulting on in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall immediately return to and in every event shall remain at the scene of such accident. Any person wh0o violates any provision of this law commits a class 2 misdemeanor traffic offense.
Why You Could be Charged with a DUI in Greeley, Colorado
A DUI is charged in Greeley and the rest of Colorado by a person’s BAC or blood alcohol content. Any BAC at .08 or more is a DUI. An arrest for a DUI can be the result of either an initial Breathalyzer roadside test, failed roadside maneuvers, or your refusal to take the BAC test.
Sentence and Penalties for Hit and Run and DUI in Weld County
The sentence for Hit and Run or Leaving the Scene depends on the property that was hit or if the vehicle which was hit was occupied. It is a class 2 traffic misdemeanor if the vehicle is unoccupied and no one was injured, with penalties of 10-90 days in Weld County Jail and a fine of $150-$300. However, if there is serious bodily injury to a person, the sentence is a class 4 felony with penalties of 2-6 years in a Colorado State Prison and a fine of $2,000 -$500,000. If someone dies in the accident, the driver who leaves the scene can be charged with a class 3 felony, and will face 4-8 years in a Colorado prison.
Driving Under the Influence sentences and penalties depend on whether there are any prior DUI offenses and the driver’s BAC level. A first time DUI offense is a misdemeanor, with penalties of 5 days – 1 year in the Weld County Jail, $600 – $1,000 in fines, 48 – 96 hours community service, a 9-month license suspension, 12 DMV points, and alcohol education classes. In contrast, a 4th DUI charge is a felony and can result in penalties of 2 – 6 years prison in a Colorado State Prison, $2,000 – $500,000 in fines, 3 years of parole and community service, alcohol education classes and therapy. With the assistance of our DUI attorneys, you may have the option of getting your license back after 30 days if you have an interlock installed in your vehicle and meet a few other conditions. Give us a call to learn more.
Why Hire a Skilled Greeley, Colorado Criminal Defense Attorney?
When you are facing a criminal charge, whether it is Leaving the Scene of an Accident, DUI, Hit and Run or another criminal charge, having a skilled attorney who can learn the details of your case will help you get them the best outcome. The attorneys at the traffic and DUI lawyers at the O’Malley Law Office have over 30 years of experience in getting the best outcome for their clients. Getting your license suspended, having a DUI or a criminal record, can affect your life and career path. Let us work hard for you and your driving future.