In Greeley, Colorado, a driver who operates a motor vehicle while under the influence of alcohol or another intoxicating substance can be criminally charged with Driving Under the Influence (DUI). A man in Colorado Springs is facing this charge after police approached his vehicle where he was sleeping. Police found the driver and passenger inside both unconscious, with drugs and paraphernalia visible in the car. When the driver awoke, he tried to escape by driving away and ran into a police barricade, which caused the car to burst into flames. Below, the experienced criminal defense attorneys at the O’Malley Law Office discuss Driving Under the Influence charges, and how hiring an Driving Under the Influence Attorney will result in the best possible outcome in your case.
Weld County, Colorado, Definition of Driving Under the Influence, C.R.S. 42-4-1301
The legal definition of Driving Under the Influence, C.R.S. 42-4-1301, in Weld County, Colorado, courts is:
(1)(a) 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 driving under the influence. (f) “Driving Under the influence” means driving a motor 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.
In other words, a driver who uses alcohol, marijuana, or a controlled substance and is subsequently rendered substantially incapable of exercising good judgment in operating a vehicle can be charged with Driving Under the Influence.
What is the Difference Between Driving Under the Influence and Driving While Ability Impaired in Weld County?
In Weld County, the difference between DUI and DWAI, or Driving While Ability Impaired, depends in large part on a police officer’s observations of your driving. Driving While Ability Impaired is charged when a person’s alcohol or substance consumption affects them “to the slightest degree.” Under this definition, even a small driving mistake (such as making a sharp turn) can result in DWAI charges. By contrast, Driving Under the Influence is charged when a person is rendered “substantially incapable” of “[exercising] clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”
Whether you are charged with DUI or DWAI also depends to a large degree on your Blood Alcohol Content (BAC) if you consumed alcohol. A driver’s BAC level is determined by the lower of two samples of breath blown into a breathalyzer machine or blood drawn for a blood test. A BAC of more than .05% but less than .08% is considered DWAI, and anything at .08% or greater is charged as DUI per se. Both DUI and DWAI are unclassified misdemeanors for the first three offenses committed; however, they each result in different penalties. A person convicted of DUI will face more severe penalties than if they were convicted of DWAI.
What Happens if You Refuse a Blood Alcohol Content Test with the Greeley Police Department?
If the Greeley Police pull you over and you are asked to take an initial breath test or any field sobriety test, you can decline without penalty. However, that does not mean that you cannot be arrested. If you are arrested and then refuse a chemical or blood test, you will then face several consequences. Colorado has “express consent” laws. This means that when you get your driver’s license, you automatically consent to take a blood or breath test if you are arrested on suspicion of driving while ability impaired or under the influence. The consequences of refusal can include:
- One-year automatic suspension of your license
- Designation as a Colorado “persistent drunk driver” (PDD)
- A mandatory alcohol education and treatment program
- An ignition interlock device on your vehicle for at least one year
- Mandatory SR-22 insurance
It is important to understand your rights when you are suspected of driving under the influence. If you are charged with DUI or DWAI, having a leading Driving Under the Influence Attorney at your side is crucial to understanding the charges against you and getting the best possible outcome in your case.
Sentence and Penalties for DUI Charge in Windsor, Eaton, and Greeley, Colorado
The sentence and penalties for DUI in Windsor, Eaton and Greeley, Colorado depend on whether a person has had a prior conviction. The chart below explains the penalties and sentences for DUI charges.
| Offense | Sentence | Penalties |
| 1st DUI | Misdemeanor | · 5 days – 1 year in the Weld County Jail
· $600 – $1,000 in fines plus additional surcharges · 48 to 96 hours of public service · 12 DMV points · 9-month license suspension · Alcohol education classes |
| 1st DUI with BAC of 0.20 or greater | Misdemeanor | · 10 days – 1 year in the Weld County Jail
· $200 – $500 in fines plus additional surcharges · 24 – 48 hours of public service · 1-year license revocation · Ignition interlock device for 2 years · 12 DMV points · Alcohol education classes |
| 2nd offense of DUI or DWAI | Misdemeanor | · 10 days – 1 year in the Weld County Jail
· 48 – 120 hours of public service · $600 – $1,500 in fines plus additional surcharges · 1-year license suspension · Alcohol education classes · Potential alcohol treatment · 12 DMV points |
| 3rd DUI or DWAI offense | Misdemeanor | · 60 days – 1 year in the Weld County Jail
· $600 – $1,500 in fines plus additional surcharges · 48 – 120 hours of public service · 2-year license suspension · 12 DMV points · Alcohol education classes · Alcohol treatment program |
| 4th or subsequent DUI offense | Class 4 felony | · 120-180 days in the Weld County Jail, or
· 2 – 6 years in a Colorado prison (judge must find that incarceration is the most suitable option, and that other options have been exhausted · $2,000 – $500,000 in fines plus additional surcharges · 48 – 120 hours of public service · 2-year license suspension · 12 DMV points · Alcohol education classes · Alcohol treatment program · Probation or 3 years of mandatory parole |
Some of these penalties will vary slightly with a DWAI offense. In the above cases, it is also important to note that an ignition interlock device will likely be required. The length of time the device must stay in the vehicle depends on the person’s BAC at the time they were arrested.
The attorneys at the O’Malley Law Office know that there are many factors to a DUI case. We have over 30 years of experience with DUI cases and can successfully defend you at the Weld County Court. The charges against you could be reduced or dismissed.