In a First DUI in Weld County, the police and judge have required minimums for your court appearances. Even time in the Weld County Jail is possible, but most judges will suspend jail time if you complete all your requirements. Are you facing your 1st DUI charge? Driving Under the Influence criminal charges can affect your ability to drive and earn a living. Having a criminal defense attorney with over 30 years of experience defending DUI cases can get you the best outcome. Our lawyers will help you get the minimum sentence and penalties in Weld County Courts. If you are in Larimer County and facing a DUI charge, get help here.
The Greeley, Colorado Definition of a DUI, C.R.S. 42-4-1301
A person, in Greeley, can be charged with Driving Under the Influence, C.R.S. 42-4-1301, if are:
What in a BAC in a Driving Under the Influence Charge in Weld County?
Driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher, in Weld Count is illegal. A prosecutors can bring a DUI charge against any driver for having a BAC of 0.08% or higher. It is important to note that drivers can still face DUI charges even if their blood alcohol content is lower than 0.08%. The lower BAC can result in a Driving While Ability Impaired (DWAI), which is a less severe charge. You can learn more about a DWAI here. On the opposite end the an individual with a BAC 0.15% or above will be classified as a “persistent drunk driver,” even if the defendant has never been charged with a DUI before. There are increased penalties for “persistent drunk driver,” these could possibly include a mandatory ignition interlock device (IID) for at least 2 years to have the driver’s license reinstated and Level II alcohol education classes.
What are the Minimum Jail Time Sentence and Requirements for a First Time DUI Charge in Greeley, Colorado?
In Greeley, Colorado, the minimum sentence and jail time for a first time DUI conviction are based on a misdemeanor. Penalties can include: 5 days up to 1 year in jail, a fine of up to $1,000, suspension of your license for 9-months, community service for up to 96 hours, and alcohol education classes. The penalties for a DUI in Greeley depend on how many drunk driving convictions the defendant has and their level of alcohol, so with each prior DUI conviction, penalties get more harsh. With a fourth DUI, you will face the possibility of a felony DUI, and time in prison.
Does a License Automatically Get Suspended in a DUI Charge in Weld County?
The short answer is no, a defendant’s license will not get suspended automatically. If a defendant makes a written request for a Department of Motor Vehicles (DMV) Hearing within 7 days of their arrest, then they can fight for their license at a DMV hearing. Generally, the request for a hearing will serve to delay any mandatory suspension until the hearing. If you lose your DMV hearing, then you will not be able to drive from there on – not even to get home from the hearing. Since COVID times, the DMV has been having all hearings over the phone or internet, so be sure and be at a place where you don’t need to drive home afterward, in case you lose. First time DUI convictions will generally result in a 30 day license suspension, with approximately 8 more months of driving with an interlock device in your car. These interlock times can vary greatly depending on the facts of your case.
With a 1st DUI Charge, How Can a Greeley, Colorado Criminal Defense Lawyer Help?
Having an aggressive and skilled Greeley lawyer to fight for you is important when facing a DUI charge. Many defenses to a DUI charge exist and having the right lawyer who knows the specifics of your case can make a big difference. We know that Weld County residents need to drive for work, and they need work to be able to pay the bills. A DUI conviction can place your financial future at risk.
If you are facing a First DUI in Weld County, it is best to exercise your right to remain silent. Then, you need to get an experienced and skilled Greeley 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.
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