For years, Colorado law makers have proposed a bill that would make multiple drunk driving convictions a felony. Up until this point, they have been unsuccessful at getting the bill passed for various reasons. But, as of June 1, 2015, the felony DUI bill was signed into law by Colorado Governor John Hickenlooper. It officially goes into effect today.
What is the Felony DUI Law in Weld County?
Driving Under the Influence – C.R.S. 42-4-1301 – is defined by Colorado law as:
Before the new law was put in effect, a DUI was always a misdemeanor, no matter how many times a person was charged or convicted. Now, the penalties include the possibility of prison time. They are as follows:
|
# of Offenses |
Penalty Level |
Conditions |
| First DUI Offense | Misdemeanor | BAC of .08 or higher |
| Second Drunk Driving Offense | Misdemeanor | BAC of .08 or higher |
| Third Driving Under the Influence of Alcohol Offense | Misdemeanor | BAC of .08 or higher |
| Third Drinking and Driving Offense | Felony | The offense occurred within 7 years after the first of two prior convictions and one of the following applies:
· One or more persons in the car at the time of offense were under the age of 18; or · In committing the offense, the person caused damage to any person or property; or · After committing the offense, the person fled the scene; or · At the time of offense or within 2 hours after, the person’s BAC was .15 or higher. |
| Fourth or Subsequent Driving Under the Influence Offense | Felony | BAC or .08 or higher |
This is not just the case for Driving Under the Influence convictions alone. In Weld, Morgan, and Logan County, other traffic related crimes can be considered a previous conviction if they were alcohol related. Crimes like DUI per se, DWAI, Vehicular Homicide, Aggravated Driving with a Revoked License and Vehicular Assault are all considered previous convictions under this new law if it was determined the person was under the influence of alcohol or one or more drugs at the time of the prior offense.
Have you been charged with an Alcohol Related Driving Offense? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with an Alcohol Related Driving Offense? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Misdemeanor DUI Vs. Felony: What’s the Difference in Greeley?
The difference between a misdemeanor and a felony is simple: punishment time and place. When a person pleads guilty to or is convicted of a misdemeanor, they may be sentenced to serving time in the Weld County Jail. For traffic misdemeanors, the maximum amount of time a person may spend in the Morgan County Jail is 1 year. For a felony conviction, the potential punishment is serving time in the Colorado Department of Corrections (DOC). A felony DUI is considered a class 4 felony, which is punishable by 2 to 6 years in DOC. Before this law passed, a fourth DUI conviction only carried a maximum of 1 year in the Logan County Jail. Now, a fourth DUI conviction could get a person 6 years in prison. With so much at stake, it is vital a person accused of this crime has an experienced DUI lawyer to defend them.
If you or someone you love has been accused of Driving Under the Influence in Greeley, Windsor, or Berthoud, 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 today. Together, we can protect your future.
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