DUI / DWAI What is the Difference Between These Drinking and Driving Charges in Weld County?

In Weld County, Colorado, a DUI (Driving Under the Influence) or a DWAI (Driving While Ability Impaired) charge can happen if you are under the influence of alcohol while driving. Our experienced, DUI / DWAI lawyers understand all aspects of the Weld County Court system and the possible penalties that come with a DUI or DWAI charge. It is important to have aggressive representation to get the best outcome possible. Below, we will discuss the differences between a DUI charge and a DWAI charge. If you are facing one of these charges in Fort Collins, Colorado, click here.

What is the Definition of a DUI or DWAI, in Greeley, Colorado, C.R.S. 42-4-1301?

The definition of a DUI or DWAI, C.R.S. 42-4-1301 in Greeley is:

(1)(a) 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.

(b) A person who drives a motor vehicle or vehicle while impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs, commits driving while ability impaired. Driving while ability impaired 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.

What are the Major Differences Between a DUI charge and a DWAI charge in Weld County?

The most distinct difference between a DUI and a DWAI charge in Weld County is that with a DWAI, a person’s Blood Alcohol Content (BAC) is 0.05% to less than 0.08%, and in a DUI, a person’s BAC is 0.08% or higher. The other major difference is for a first or consecutive DUI / DWAI charge, the penalties can be slightly less in a DWAI case.

In Greeley, Colorado Courts, What are the Penalties and Sentence for DWAI or DUI Conviction?

The penalties and sentences for DWAI or a DUI, in Greeley Courts, depend on the defendant’s BAC and priors, and the penalties become more severe with additional prior offenses. Below is a table of sentences and penalties:

DUI	Sentence	Penalties
First DUI	Misdemeanor	5 days – 1 year Weld County Jail $600 – $1,000 in fines Up to 96 hours of public service 9-month license suspension and 12 DMV points Possibly alcohol education classes Up to 2 years of probation
2^nd 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
3^rd 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
1^st DWAI	Misdemeanor	2 – 180 days jail $200 – $500 in fines Up to 48 hours of public service 8 DMV points Up to 2 years of probation
2^nd DWAI	Misdemeanor	10 days – 1 year jail $600 – $1,500 in fines Up to 120 hours of public service 1 year license suspension 8 DMV points At least 2 years of probation
3^rd DWAI 4th or More DUI or DWAI	Misdemeanor Felony	60 consecutive days – 1 year jail $600 – $1,500 in fines 48 – 120 hours of public service 2 year license suspension 8 DMV points At least 2 years of probation 2 to possibly 12 years in the Colorado State Prison fines up to $750,000 license revocation mandatory parole

When is a DUI a Felony in Weld County? Vehicular Assault, C.R.S. 18-3-205, or Vehicular Homicide, C.R.S. 18-3-106

A DUI charge is a felony in Weld County when a person has more than 3 DUI or DWAI convictions or a person is serious injured or killed. The penalties for a Felony DUI depend on the specific charge; however, penalties range from 2 to possibly 12 years in the Colorado State Prison. If someone dies or is injured, the crime becomes Vehicular Assault, C.R.S. 18-3-205, or Vehicular Homicide, C.R.S. 18-3-106, large fines up to $750,000, license revocation, and mandatory parole.

Why Hire Greeley’s Leading Lawyer for a DWAI or DUI charge?

Greeley’s leading lawyers are skilled in navigating the court system, they can help with both charges and challenging your license suspension. The key is to contact a lawyer right away and not to talk to the Greeley Police. Having a DUI on your record or your licenses suspended can affect your job, ability to work and life, let us work to get you the best outcome in your case.

Are you facing a DUI or a DWAI charge? 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 and the Greeley area for a free consultation. Together, we can protect your future.

Image by Pexels from Pixabay

OUR BBB RATING

CONTACT US

LINKS