In Yuma County, Washington County, and the rest of Eastern Colorado, Driving Under the Influence (also known as DUI), can be charged when a person is accused of operating a motor vehicle while under the influence of alcohol, drugs, or both. They are not capable of controlling the vehicle as a sober person. Recently, a man was charged with DUI after hitting several cars and a security guard at a school before speeding away. The man was finally forced to stop after his car landed on top of a utility box. He was charged with a Driving Under the Influence of Alcohol. Below, our top DUI or DWAI charge attorneys discuss what you need to know about a Driving Under the Influence charge and how we can help you.
Definition of Driving Under the Influence in Akron and Wray, Colorado
The definition of Driving Under the Influence, C.R.S. 42-4-1301, in Akron, Wray and the rest of Colorado is:
What is the Difference Between Driving Under the Influence and Driving While Ability Impaired in Logan and Yuma County, Colorado?
In Logan and Yuma County, the difference between a DUI and a DWAI, or Driving While Ability Impaired, depends on your Blood Alcohol Content (BAC). A BAC of more than .05% but less than .08% is a DWAI and anything above a .08% is a DUI. A driver’s BAC level is determined by the lower of two samples of breath blown into a police department’s Intoxilizer 9000 machine, or a blood test. The sentence and penalties differ if you are charged with DWAI or DUI.
Sentence and Penalties for DUI or DWAI Charge in Logan County, Morgan County, or Kit Carson County
The sentence and penalties for DUI in Logan County, Morgan County, or Kit Carson County depend on whether a person has been charged with DWAI, DUI, or if they have had a prior conviction. The chart below explains the penalties and sentences for DWAI and DUI charges.
| Offense | Sentence | Penalties |
| 1st DWAI | Misdemeanor | · 2 days – 180 days in Logan County Jail,
· A fine of $200 – $500 plus court costs, · 24 – 48 hours of community service, and · 8 DMV points on your DMV driving record. |
| 1st DUI | Misdemeanor | · 5 days – 1 year in the Kit Carson County Jail
· $600 – $1,000 in fines · Up to 96 hours of public service · 9-month license suspension and 12 DMV points · Alcohol education classes · Up to 2 years of probation |
| 2nd DUI | Misdemeanor | · 10 days – 1 year in the Morgan County Jail
· $600 – $1,500 in fines · 48 – 120 hours of public service · 1-year license revocation · Ignition interlock device for 2 years · 12 DMV points · Alcohol education classes · At least 2 years of probation |
| 3rd DUI | Misdemeanor | · 60 days – 1 year in jail
· $600 – $1,500 in fines · 48 – 120 hours of public service · 2-year license suspension · Ignition interlock device for 2 years · 12 DMV points · Alcohol education classes · At least 2 years of probation |
Why Hire an Experienced DUI Criminal Attorney in Yuma, Brush and Eastern Colorado?
An experienced Yuma, Brush and Eastern Colorado DUI defense lawyer can help you fight a DUI charge. The ultimate plea bargain obtained can be the difference in you keeping or losing your driving license. The O’Malley Law Office attorneys have over 30 years of experience. We know there are many possible defenses to a DUI charge, depending on the specific facts of your case. A top criminal defense attorney also understands how to get you the best outcome. Give us a call to learn more.
Have you been accused of DWAI or DUI in Sterling or Keenesburg, Colorado? Be smart and exercise your right to remain silent before you speak to police or head to the Morgan, Washington, Yuma or Logan County Courthouse. Contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule your free consultation. Together, we can protect your future.
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The location for the Morgan County Combined Court is 400 Warner Street, Fort Morgan, Colorado.
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The address of the Washington County Combined Court is 26861 Hwy 34, Akron, Colorado.
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The address of the Yuma County Courthouse is 310 Ash Street, Wray, Colorado.
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The address of the Logan County Combined Courts is 110 N. Riverview Road, Sterling, Colorado.