Are you facing a DUI charge in Greeley, Colorado? When you are facing a Driving Under the Influence charge (also known as a DUI), hiring a leading top defense attorney can help you resolve the serious charges you face. In Colorado Springs, a driver is facing DUI and Vehicular Homicide charges after hitting another driver head on. The accident resulted in the death of the other driver, and if convicted the man faces severe penalties. Below, the O’Malley Law Office attorneys discuss DUI and why it is important to hire an experienced attorney. Facing charges in Fort Collins or Larimer County? Get help here.
Weld County Definition of Driving Under the Influence, C.R.S. 42-4-1301
In the Weld County Courts, the definition of Driving Under the Influence, C.R.S. 42-4-1301, is:
Driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
A Blood Alcohol Concentration or BAC of 0.08 or higher, is when a person will be charged with a DUI. This means that if the driver in the above case had a BAC of 0.08 or higher, he would be charged with a DUI. A lower BAC or not having a chemical test can result in a Driving While Ability Impaired, DWAI, which is a less severe charge.
What is the Difference Between a DUI, DWAI and a DUI Per Se in Windsor or Greeley, Colorado?
A DUI or Driving Under the Influence charge in Windsor, Greeley, or the rest of Colorado is generally the charge when a person’s BAC is .08 or greater. In a DWAI a person’s BAC is greater than 0.05 and less than 0.08. A DUI per se is when a person’s BAC is 0.08 or higher. With a Per Se DUI, the Department of Motor Vehicles focuses strictly on the BAC level.
Sentence and Penalties for DUI in Weld County
In Weld County, the DUI 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, 9-month license suspension, 12 DMV points, and alcohol education classes. In addition, 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. It is important to note that Weld County Courts can suspend the minimum period of jail in some cases.
Vehicular Homicide in Greeley, Colorado – Alcohol and the Death of Another, C.R.S. 18-3-106
Vehicular Homicide occurs in Greeley when a driver has been drinking and causes the death of someone else. The definition for this crime from C.R.S. 18-3-106 closely resembles DUI + a death: “If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide. This is a Strict liability crime, and a class 3 felony.” Class 3 felonies have a normal sentence range of 4 to 12 years in the Colorado State Prison. You will lose your driving privilege in Colorado with a conviction for this charge.
Hiring a Top Greeley, Severance, Ault, or Milliken, Colorado Attorney
Facing a DUI charge in Severance, Ault, or Milliken can have lasting impact on your personal life and career. The O’Malley Law Office attorneys have over 30 years of experience in DUI cases. Let our attorneys help you navigate the Weld County Courts and fight for your future.