Our Driving Under the Influence attorneys in Greeley, CO know just how complex DUI and DWAI cases can be. Drinking and driving charges can involve several factors, such as Blood Alcohol Content / BAC, the possibility of felony DUI / felony DWAI charges, Persistent Drunk Driver designation, and many more. Keep reading to hear answers on FAQs on Driving Under the Influence / Driving While Ability Impaired charges from our top Greeley DUI lawyers with over 30 years of experience, and contact us today if you have been charged with DUI or DWAI.
When is Felony Driving Under the Influence Charged at the Weld County Court?
Felony DUI and felony DWAI are charged at the Weld County Court when the defendant has 3 prior convictions of any combination of the following crimes on their record:
- Driving Under the Influence, C.R.S. 42-4-1301
- Driving While Ability Impaired, C.R.S. 42-4-1301
- Vehicular Homicide, C.R.S. 18-3-106 (1)(b) if the offense was due to driving under the influence / driving while ability impaired
- Vehicular Assault, C.R.S. 18-3-205 (1)(b) if the offense was caused by driving under the influence / driving while ability impaired
What is the Difference Between DUI and DWAI in Greeley?
The primary differences between DUI and DWAI in Greeley include your BAC at the time you drove and how much your ability to drive was affected. DWAI is charged when you have a BAC of 0.051 – 0.079 or your ability to drive is affected “to the slightest degree” because of alcohol. DUI is instead charged for drinking enough alcohol that you are “substantially incapable” of driving or for having a BAC of 0.08 or greater.
Who is a “Persistent Drunk Driver” in Evans? | BAC of 0.15 and Other Reasons for PDD Designation
In Evans, a “persistent drunk driver” is defined under C.R.S. 42-1-102 (68.5) as a person who:
- Had a BAC of 0.15 or greater at the time that they drove,
- Refused the express consent test,
- Has been convicted of or had their Colorado driver’s license revoked for 2 or more alcohol-related driving violations, or
- Continues to drive even after their driver’s license has been suspended or restrained for 1 or more alcohol-related driving offenses.
How Much Marijuana for a DUI in Dacono, Colorado?
You can be charged with DUI for marijuana consumption in Dacono, Colorado, if you had 5 or more nanograms of delta 9-tetrahydrocannabinol / THC per milliliter (5 ng/mL) in your blood at the time that you drove. Just like alcohol, though, you can still be charged with DWAI or DUI for consuming marijuana even if you are under this limit. If you have an edible or smoke a joint and it affects your ability to drive, you could still be charged with DWAI / DUI in Colorado.
How Do I Get My License Back After a DUI in Ault?
Requirements for getting your Colorado driver’s license back after a DUI or DWAI in Ault vary, depending on number of past convictions, whether you refused the express consent test, and other factors. In general, having your license reinstated includes these requirements:
- Not driving while your license is suspended until you’re eligible to reinstate early.
- Paying a $95 reinstatement fee + a $25 DUI restoration fee.
- Getting SR-22 insurance.
- Having an interlock ignition device installed in your car.
- Signing a certificate that shows that you agree to the rules of reinstatement and you will not drive after consuming marijuana, alcohol, or another substance.
Learn more about driver’s license reinstatement after a DUI / DWAI here.
How Do Driving Under the Influence Lawyers Beat DUI Charges in Colorado?
Driving Under the Influence lawyers have several different ways that they can “beat” DUI charges. Depending on the case, this sometimes means that the charges can’t be dismissed, but they can ensure that their client gets as minimal a sentence as possible. In other cases, our lawyers can challenge different aspects of the case to show that the charges should be dismissed. As an example, our attorneys can challenge whether the police officer had enough probable cause to make the DUI arrest in the first place.
If you’ve been charged with DUI or DWAI, remember to be smart, and exercise your right to remain silent. You should only discuss your case with an experienced DUI attorney from the Greeley and Weld County area. Call 970-616-6009 to discuss your case with one of our DUI lawyers today. Together, we can protect your future.
The location for the Weld County Court is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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