DUI Charge in Greeley, Colorado
Two Different Drivers Charged with DUI

Are you facing a DUI charge in Greeley? Call the O’Malley Law Office at 970-616-6009 to meet with a criminal defense lawyer in Weld County.

Are you facing a DUI charge in Greeley, Colorado? Our Drunk Driving, DUI attorneys  know that a DUI or DWAI conviction can result in the loss of your driver’s license and so much more.  It can change your everyday life and leave you facing time behind bars. In Riverside, two cars were driving and one crashed into the other then swerved and also hit a pedestrian. Both drivers of the cars were taken in for Driving Under the Influence and the pedestrian was taken to the hospital with minor injuries. While both drivers can be charged with DUI, the driver who hit the pedestrian could also face a Vehicular Assault charge. Greeley’s leading defense attorneys can fight for the best outcome in your DUI charge in Greeley.  With over 30 years fighting DUI charges, we know how the government works to prosecute these cases.  Put that experience to work for you.  If you are facing a DUI charge in Fort Collins or Larimer County, please click here.

Definition of Driving Under the Influence, C.R.S. 42-4-1301, in Weld County

In Weld County Court, the definition of Driving Under the Influence, C.R.S. 42-4-1301, is:

When a person 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, and they are affected to a degree that the person is substantially incapable, either mentally or physically, or both, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

In Colorado a DUI conviction in another state will also count as a prior conviction and if you have more than one DUI you will face harsher crimes and punishment. In the case above, if the men are convicted of a DUI in CA and then move to Colorado and are convicted of a DUI, they will face harsher penalties and sentence.  A fourth DUI anywhere in Colorado results in a Felony charge, and possible time in prison.

In Greeley, Colorado, What is the Difference Between DUI, DUI per se, and DWAI?

The difference in Greeley between a DUI, DUI per se, and DWAI is based on the level of alcohol in a person’s Blood, known as their Alcohol Content (BAC). When a person has a BAC of between 0.05 and 0.79, they could be charged with Driving While Ability Impaired (DWAI). If their BAC is 0.08 or higher, they will be charged with a DUI per se. The charge of DUI is the crime of Driving Under the Influence, and is generally charged with any BAC above .08. A person can also be face a DUI charge in Greeley, if they are under the influence of drugs, even prescription drugs, if what they took affected them “substantially” under the definition above.

Punishment and Sentence for DUI in Weld County

DUI Sentence Penalties
First DUI Misdemeanor
  • 5 days – 1 year in the Weld County Jail
  • $600 – $1,000 in fines
  • Up to 96 hours of public service
  • 9-month license suspension and 12 DMV points
  • Alcohol education classes
  • Up to 2 years of probation
2nd DUI Misdemeanor
  • 10 days – 1 year in jail
  • $600 – $1,500 in fines
  • 48 – 120 hours of public service
  • 1-year license revocation
  • Ignition interlock device for 2 years
  • 12 DMV points
  • Alcohol education classes
  • At least 2 years of probation
3rd DUI Misdemeanor
  • 60 days – 1 year in jail
  • $600 – $1,500 in fines
  • 48 – 120 hours of public service
  • 2-year license suspension
  • Ignition interlock device for 2 years
  • 12 DMV points
  • Alcohol education classes
  • At least 2 years of probation

 

Why Hire a Top Greeley, Colorado Attorney for Your DUI Charge?

An experienced Greeley, DUI defense lawyer can help you fight a DUI charge. There are a number of possible defenses to a DUI charge in Greeley, depending on the specific facts of your case.  There are ways around the DUI statute in some situations. A top criminal defense attorney also understands how to get you the best deal from a prosecutor. Negotiating for a good deal can help you avoid possible jail time and reduce your criminal charges. In some unusual cases, the charges can be reduced to “reckless driving,” and you’ll avoid a DUI conviction.

Are you facing a DUI charge in Greeley? It is best to exercise your right to remain silent. Then, you need to get an experienced and skilled DUI defense lawyer working for you as quickly as possible. Call the O’Malley Law Office at 970-616-6009 to meet with an experienced criminal defense lawyer in Weld County. Together, we can protect your future.

Image by Michal Jarmoluk from Pixabay