Facing Driving Under the Influence charges in Greeley or Weld County, Colorado? If so, you will need a top criminal defense lawyer to represent you at the Weld County Courthouse. A Colorado Sheriff’s Deputy was charged with Driving Under the Influence / DUI this summer after he crashed into a fence at a cemetery. Once he freed his car from the fence, he then proceeded to drive further into the cemetery, breaking a headstone in the process. After the incident, the deputy was charged with DUI and Careless Driving, and was given restricted work while the investigation was pending.
Definition of Driving Under the Influence, C.R.S. 42-4-1301, in Weld County
The legal definition of Driving Under the Influence, C.R.S. 42-4-1301, in Weld County, Colorado, 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.
What Substances Can Be Result in DUI Charges in Windsor and Firestone, Colorado?
If a driver uses alcohol, marijuana, or any controlled substance, and then operates a vehicle in Windsor or Firestone, they can be charged with DUI. It is most common for a driver to be charged with Driving Under the Influence after consuming alcohol. However, any psychotropic substance that renders a driver substantially incapable of exercising good judgment or physical control while operating a vehicle can result in DUI charges.
What is Blood Alcohol Content in Weld County?
In Weld County, a driver’s Blood Alcohol Content / BAC at the time that they drove will affect their Driving Under the Influence case. A driver’s BAC is measured by breath blown into a breathalyzer machine during a breath test or sample of blood taken for an express consent test. A BAC of more than .05% but less than .08% is considered Driving While Ability Impaired / DWAI, and anything at .08% or greater is charged as DUI Per Se. A driver will also face greater penalties if their BAC is at or above 0.15%, including Persistent Drunk Driver designation.
Critical to understand, however, is that even if your BAC is under these thresholds, you can still be charged with DWAI or DUI. This is because DWAI and DUI are charged based on the degree to which a substance impaired your ability to drive. Your BAC substantiates criminal charges, but being under the legal limit does not mean that you will not be charged.
Weld County Jail Time + Other Penalties for Driving Under the Influence in Greeley, Colorado
Time at the Weld County Jail and other penalties for a Driving Under the Influence conviction in Greeley, Colorado, depend largely on whether a person has had a prior conviction. A first time DUI offense is a misdemeanor, with penalties of 5 days – 1 year in the Weld County Jail, $600 – $1,000 in fines, additional surcharges, 48 – 96 hours of community service, a 9-month license suspension, 12 DMV points with automatic license suspension, and alcohol education classes. A defendant’s second and third DUI convictions are still charged as unclassified misdemeanors, but carry stiffer penalties. However, a defendant’s 4th DUI charge is a class 4 felony. If convicted, the defendant will face penalties of 2 – 6 years in a Colorado State Prison, $2,000 – $500,000 in fines, 3 years of parole, 48 – 120 hours of community service, license suspension, and alcohol education classes and therapy. The defendant will also be ordered to pay restitution where applicable.
Contact a Top Weld County DUI Attorney Today
If you have been charged with Driving Under the Influence, you need to contact a top Weld County DUI attorney today. Our attorneys have over 30 years of experience fighting for our clients’ futures in their DUI cases by representing them at the Weld County Courts. License suspension, incarceration at the Weld County Jail, and having a DUI on your criminal record can significantly affect the rest of your life. Let us help you by representing you at the Weld County Courts and protecting your future from penalties like these.
Do you need a DUI lawyer in Greeley or elsewhere in Weld County? If so, contact the experienced DUI criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to discuss your case. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!