In Weld County, if you drive a vehicle or ride a bike while under the influence of drugs or alcohol, you can be charged with Driving Under the Influence (DUI). In Lincoln County, a medical flight pilot is charged with a DUI after a sheriff’s deputy stopped him due to weaving and crossing the double yellow lines after he passed the deputy’s car. Apparently, the pilot was in full uniform and headed to work when he was stopped. His breathalyzer test was stated to be a .126 which is above the legal limit for a Blood Alcohol Content or BAC in Colorado. Are you facing a DUI in Greeley or Weld County? It is important that you have an experienced DUI charge attorney at your side who can fight for your rights and future.
Legal 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:
A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence. Driving under the influence 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
In Greeley, Colorado Courts What is the Difference Between DUI, DUI per se, and DWAI?
Knowing the criminal charges you face in a Greeley drunk driving case is important. Let’s look at the difference between DUI, DUI per se and DWAI. In a DUI charge, the BAC is important because it is a major indicator of the severity of your case. A BAC or blood alcohol content, of more than .05 but less than .08 is a Driving While Ability Impaired (DWAI) and anything above a .08 is a DUI. A DUI per se is simply when you are charged with a DUI based only on your blood alcohol level, and not with reference to bad driving.
In the above story, because his BAC level was allegedly .126, he could be convicted of a DUI. Depending on whether he has any prior DUI convictions, he could face a misdemeanor or felony conviction. On a second or greater offense, mandatory jail awaits any repeat offender.
Sentence and Penalties for DWAI or DUI Conviction in Weld County
In Weld County, the sentence and penalties for a first time DWAI has penalties of 2 days – 180 days in the Weld County Jail, $200 – $500 fine, 24-48 hours of community service, and 8 DMV points on your Colorado DMV driving record or driver’s license. The sentence and penalties for subsequent DWAIs are harsher. A DUI conviction sentence and penalties depend on the defendant’s prior DUI offenses and their 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.
Why Hire a Driving Under the Influence Attorney in Windsor, Ault, or Severance, Colorado?
Every DUI case is different in Windsor, Ault, or Severance and our attorneys at the O’Malley Law Office understand that. With over 30 years of experience defending good people like you, we can help navigate the Weld County Court system, and work to get your best outcome. Getting your license suspended and having a DUI on your record can affect your life and your job.
Do you need a DUI charge attorney in Greeley or Weld County? If so, contact the experienced DUI criminal defense attorneys from the O’Malley Law Office at 970-616-6009 for a free consultation. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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