Greeley DUI Lawyer
Man Arrested for DUI, But Hadn’t Been Drinking

His syndrome caused his food to turn into alcohol. This lead to a DUI charge. If you've been accused of a DUI charge in Weld County, call 970-616-6009.

In Greeley, Colorado, it is illegal to drink alcohol and drive a vehicle, also known as the DUI crime. A man was recently arrested for DUI charges, but hadn’t had a single drink. Why? He has what is known as Auto-Brewery Syndrome, ABS. This medical condition causes carbs to convert into alcohol by fungi in the gastrointestinal tract. This man’s BAC was at 0.2%. That is more than twice the legal limit, which is about 10 drinks in his system. People with this condition, unfortunately, suffer the same consequences as someone who drinks. So it makes sense why officers would be suspicious of drunk driving for this man.

What is Driving Under the Influence, C.R.S. 42-4-1301, in Weld County?

In Weld County, Driving Under the Influence, C.R.S. 42-4-1301, is when:

A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits Colorado driving under the influence.

But there are levels of intoxicated driving that the law differentiates between. If they suspect you of drunk driving, they can either accuse you of Driving While Ability Impaired or Driving Under the Influence.

Greeley Driving While Ability Impaired is defined as:

Driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

Additionally, Driving Under the Influence is defined as:

Driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

As you can see, a DWAI involves intoxication to the “slightest degree”, while a DUI involves “substantial” intoxication.

What is the Sentence for a DUI Conviction in Longmont and Windsor?

If you’re convicted of a DUI or DWAI crime in Longmont or Windsor, you’re generally facing a misdemeanor conviction. However, if someone has 3 or more prior convictions for DUI or related crimes, like vehicular homicide, then they face a class 4 felony conviction.  This is very serious as the difference can be a few months in the Weld County Jail, versus a few years in the state prison.

Why You Need a Greeley Lawyer for Your DUI / DWAI Case

If you’re accused of a DUI or DWAI in Greeley, you need an attorney at your side. A conviction for a DUI could mean severe consequences for your daily life. You face jail time. And in addition to that, you could lose your driver’s license and even potentially need an ignition interlock device on your car when your license gets reinstated. This makes it extremely difficult to get to school, work, to take your children to day care, etc. Call our office so we can begin to work on your case as soon as possible.

FACING A DRIVING UNDER THE INFLUENCE (DUI) IN GREELEY OR WELD COUNTY?

If police arrest you on suspicion of a DUI or DWAI, 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 970-616-6009 or fill out the Get Help Now form 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.

Photo by Yomex Owo on Unsplash