Felony DUI and felony DWAI are charged at the Weld County Court in Greeley, CO when a defendant has had 3 prior alcohol-related driving offenses prior to the current charge. If you have been charged with either, contact a top Greeley DUI lawyer today. Driving While Ability Impaired and Driving Under the Influence, which are charged as misdemeanors for the first three offenses, already come with numerous penalties. Both the number and severity of these penalties only increase when DUI or DWAI is charged as a felony. Contacting an experienced DUI lawyer right away is critical to protecting your future.
What is Driving While Ability Impaired / Driving Under the Influence in Greeley?
Both Driving While Ability Impaired, C.R.S. 42-4-1301 (1)(b) and Driving Under the Influence, C.R.S. 42-4-1301 (1)(a) are charged for drinking and driving in Greeley. Alternatively, DWAI and DUI may be charged for consuming marijuana or a controlled substance prior to or while driving. The difference between each charge is the degree to which the driver’s ability to operate their motor vehicle was affected. DWAI is charged when the ability to drive is impaired “to the slightest degree,” and DUI is charged for “substantial” incapability to operate a motor vehicle.
When is Felony DUI / Felony DWAI Charged at the Weld County Court?
Felony DUI / Felony DWAI is charged at the Weld County Court when it is the defendant’s fourth or subsequent offense. The three prior offenses can be any combination of the following:
- Driving While Ability Impaired, C.R.S. 42-4-1301 (1)(b)
- Driving Under the Influence, C.R.S. 42-4-1301 (1)(a)
- Vehicular Assault, C.R.S. 18-3-205 (1)(b), where drinking and driving was the root cause of the incident
- Vehicular Homicide, C.R.S. 18-3-106 (1)(b), where drinking and driving was the root cause of the incident
What this means is that if you’ve previously been convicted of any of the offenses above on 3 separate occasions, your 4th DUI or DWAI will be charged as a class 4 felony.
Colorado Prison Time + Other Penalties for Felony DUI in Windsor and Frederick
Felony DUI entails Colorado prison time and numerous other penalties in Windsor and Frederick. If you are convicted of class 4 felony DWAI or DUI, you could be penalized with:
- Possible sentence of 2 – 6 years in the Colorado DOC
- Mandatory jail time if sentenced to probation
- 3 years of parole after release from prison
- Fine of $2,000 – $500,000, plus additional surcharges
- 48 – 120 hours of community service
- Alcohol education + treatment
- 12 points against your Colorado driving privilege à automatic Colorado driver’s license suspension for 2 years
- Ignition interlock device installation + SR-22 insurance policy rider requirements
- Victim impact panel appearance
- A criminal record that cannot be sealed after the conclusion of the case
Both Driving Under the Influence and Driving While Ability Impaired carry stiff penalties, especially when charged as a felony. If you have been charged with either, don’t wait to contact a top Greeley DUI lawyer to represent you at the Weld County Court.
Have you been charged with felony DUI or felony DWAI? First, be smart, and exercise your right to stay silent. The Weld County Sheriff and Greeley Police are not there to help you – never speak to them about your case. Instead, get in contact with a top DUI lawyer with decades of experience at the O’Malley Law Office today by calling 970-616-6009. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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