A DUI charge in Greeley, Colorado can change your life overnight. From the moment the police pull you over to the possibility of jail time, license suspension, and a permanent criminal record — the stakes are high. Whether it’s your first offense or you’ve faced DUI charges before, you need to understand your rights, your options, and what’s at risk. At O’Malley Law Office, we help people across Weld County navigate the DUI process with skill, discretion, and aggressive legal defense.
Weld County Driving Under the Influence Lawyer: What Is a DUI in Colorado?
Under Colorado Revised Statutes § 42-4-1301, it’s illegal to operate a motor vehicle if:
- Your blood alcohol content (BAC) is 0.08% or higher, or
- You’re under the influence of alcohol, drugs (including marijuana), or a combination of both, to the point your ability to drive is impaired.
You can also be charged with:
- DWAI (Driving While Ability Impaired) if your BAC is between 0.05% and 0.079%
- DUI per se if your BAC is 0.08% or higher, regardless of your actual level of impairment
- DUID (Driving Under the Influence of Drugs) if you’re impaired by marijuana, prescription medications, or illegal substances
What Are the Penalties for DUI in Erie and Evans?
The consequences of a DUI conviction in Colorado vary depending on your prior record, BAC level, and whether anyone was injured. Here’s a breakdown:
First DUI Offense
- Up to 1 year in jail
- Fines of $600–$1,000
- 9-month license suspension
- Community service (up to 96 hours)
- Mandatory alcohol education/treatment
- Ignition interlock device required for license reinstatement
Second DUI Offense
- 10 days to 1 year in jail (mandatory minimum jail time)
- Fines of $600–$1,500
- 1-year license revocation
- Up to 120 hours of community service
- 2 years with Interlock Device
Third or Subsequent DUI
- 60 days to 1 year in jail
- Fines of $600–$1,500
- 2-year license revocation
- Long-term alcohol treatment
- Probation and interlock for at least 2 years
Felony DUI
A fourth or subsequent DUI is a Class 4 felony, punishable by:
- 2 – 6 years in the Colorado Department of Corrections
- Fines up to $500,000
- Mandatory parole
Felony charges may also apply if the incident involved serious injury or death, even on a first offense.
DMV Consequences for a DUI Charge in Greeley and Milliken
Colorado has an express consent law: by driving on Colorado roads, you automatically consent to a chemical test (blood or breath). Refusing the test can result in:
- 1-year license revocation (first refusal)
- Longer revocations for repeat refusals
- Mandatory alcohol education and IID before reinstatement
Even before your court date, the Colorado DMV can revoke your license. You have 7 days from your arrest to request a hearing to challenge this.
If you or someone you love has been charged with DUI, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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