Greeley DUI Attorney: What Is Driving Under the Influence in Colorado?
Under C.R.S. 42-4-1301, a person commits DUI by driving a motor vehicle while under the influence of alcohol, drugs, or both, to the extent that they are substantially incapable of operating the vehicle safely. A blood alcohol content (BAC) of 0.08 or higher is also treated as DUI. A driver does not need to be involved in a crash or driving erratically to be arrested. A traffic stop, a checkpoint, or a report from another driver can start a case.
Is DUI a Felony or a Misdemeanor? A Windsor Driving Under the Influence Lawyer Explains
A first, second, or third DUI is generally charged as a misdemeanor. Certain circumstances can raise the stakes:
- Fourth or subsequent offense: can be charged as a class 4 felony
- Injury or death: a crash causing serious harm can lead to Vehicular Assault or Vehicular Homicide charges
- High BAC: a reading of 0.15 or higher can lead to enhanced penalties
- Child passengers: can add a separate charge for child abuse
What Penalties Could You Face for DUI in Erie or Evans, Colorado?
Potential consequences for Driving Under the Influence include:
- Jail time: possible even for a first offense, with mandatory minimums for repeat offenses
- Fines and court costs: which can add up quickly
- Probation: often with alcohol education, treatment, and monitoring
- Community service: public service hours ordered by the court
- License suspension or revocation: imposed through a separate DMV process
- Ignition interlock: often required after certain violations
- Criminal record: which can affect employment, insurance rates, and professional licensing
What Happens After a DUI Arrest in Greeley?
Arrests in Greeley and across Weld County may involve the Greeley Police Department, the Weld County Sheriff’s Office, or the Colorado State Patrol. Cases are prosecuted by the Weld County District Attorney’s Office. After an arrest, you face two separate proceedings: the criminal case and an administrative DMV action against your license, each with its own deadlines.
Frequently Asked Questions About DUI
Can I get a DUI if my BAC is under 0.08?
Yes. Impairment can be alleged based on observed behavior, regardless of the test result.
Is a first DUI a felony in Colorado?
No. A first DUI is typically a misdemeanor.
Will I lose my license after a DUI arrest?
The DMV may suspend your license through a separate administrative process.
Should I talk to police before hiring an attorney?
No. You have the right to remain silent and the right to counsel.
If you’ve been charged with Driving Under the Influence, 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 to schedule a free initial consultation. Together, we can protect your future.
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