Have you been accused of your First Driving Under the Influence charge in Greeley, Colorado? You will need a need a criminal Driving Under the Influence (DUI) attorney who understands the court system. A traffic lawyer can help you get the best deal with a prosecutor and possibly reduce your jail time or have charges dismissed.
What is the Definition of a DUI, C.R.S. 42-4-1301, Charge in Weld County?
In Weld County, a person can be charged with Driving Under the Influence, C.R.S. 42-4-1301, when they:
Driving Under the Influence means:
Simply put, if a person’s Blood Alcohol Concentration or BAC is 0.08 or higher, a person will be charged with a DUI. A lower BAC or not having a chemical test can result in a Driving While Ability Impaired (DWAI), which is a less severe charge.
What Are the Penalties and Sentence for a 1st Time Driving Under the Influence Conviction in Weld County?
In Weld County, penalties for Driving Under the Influence conviction depend on how many DUI or DWAI convictions you have had and the BAC level of your current case. For a First DUI conviction, it is a misdemeanor offense, and the penalties can be 5 days up to 1 year in jail, a fine of from $600 up to $1,000, revocation of your license for 9-months, community service, and alcohol education classes of 48 to 96 hours.
It is important to note, that a BAC higher than .15% or successive convictions, will cause harsher penalties. Every case is different and your case penalties may vary from those listed above.
What are Alcohol Education Classes in Greeley, Colorado?
In Greeley, Colorado, most First Driving Under the Influence charge and convictions require a Level I alcohol education class. A high level BAC on your first can require a Level II and therapy classes. These classes are sometimes a condition to have your drivers license reinstated. Level I classes are generally around 12 hours and level II classes last for 24 hours. Refusal to take a chemical test or a high BAC require Level II alcohol education classes which are longer and cost more money. A refusal can also result in other penalties from the DMV.
In Greeley, Colorado Are the Penalties the Same for a DUI with Alcohol as a DUI with Driving Under the Influence of Drugs – DUID?
In Greeley, the penalties are the same if the DUI charge is for drugs, alcohol, or a combination of the two. In Colorado, even though marijuana is legal to use, it is still illegal to operate a vehicle while under the influence of the drug.
What are Defenses to a First DUI Charge in Weld County?
Defending a First Driving Under the Influence charge in Weld County requires a lawyer who can navigate the court system and fight for you. Depending on the facts of your case, there are several possible defenses including:
- No probable cause for the traffic stop
- The DUI testing procedures were not correctly followed
- A mechanical defect existed with the BAC testing equipment
- A diet, mouthwash or medical condition caused a false BAC result
Are you facing a First time DUI 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.
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