Driving Under the Influence, DUI Charge in Weld County
Driver Charged with DUI After Crashing into a House

If you are facing a DUI Charge in Weld County, it is best call our experienced and skilled DUI defense lawyer at 970-616-6009

Have you been charged with Driving Under the Influence or DUI in Weld County? Hiring top Greeley lawyers with years of experience defending DUI cases will get you the best outcome. Recently in Colorado Springs, a driver was charged with Driving Under the Influence after allegedly hitting a light pole, and then flipping his car into a house. The police charged him with Reckless Driving and a DUI charge. Below, the leading lawyers at The O’Malley Law Office discuss DUI charges. If you are facing these charges in Fort Collins our lawyers can help you here.

Greeley, Colorado, Definition of Driving Under the Influence, C.R.S. 42-4-1301

In Greeley courts, the definition of Driving Under the Influence, C.R.S. 42-4-1301, is:

Driving a motor vehicle or 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.

A DUI can only be charged based on the Blood Alcohol Concentration or BAC. With a BAC of 0.08 or higher, a person will be charged with a DUI. A lower BAC or not having a chemical test can result in a Driving While Ability Impaired, DWAI, which is a less severe charge with fewer driver’s license points. This means that if the driver in the above case had a BAC of 0.08 or higher, he would be charged with a DUI and DUI per se.

What is the Difference Between a DUI or a DUI Per Se in Weld County?

The difference in Weld County between a DUI and a DUI Per Se is a defendant’s BAC. Driving Under the Influence, DUI, is the general term for the crime of driving while under the influence of alcohol, no matter the BAC level. A DUI per se is specifically charged when the defendant’s BAC is 0.08 or higher.

Sentence and Punishment in Greeley, Colorado, for a DUI

The sentence and punishment in Greeley for a DUI differs depending on your BAC level and prior offenses. It is also important to note that Weld County Courts can suspend the minimum period of jail in some cases.

1st DUI Misdemeanor 5 days – 1 year Weld County Jail, $600 – $1,000 in fines, 48 – 96 hours community service, 9-month license suspension, 12 DMV points, and alcohol education classes.
2nd DUI Misdemeanor 10 days – 1 year jail, $600 – $1,500 in fines, 48 – 120 hours community service, 1-year license suspension, ignition interlock device for 2 years, 12 DMV points, and alcohol education classes with possible therapy.
3rd DUI Misdemeanor 60 days – 1 year Weld County Jail time, $600 – $1,500 in fines, 48 – 120 hours community service, 2-year license suspension, ignition interlock device for 2 years, 12 DMV points, and  alcohol education classes and therapy.
4th DUI Class 4 Felony 2 – 6 years prison – DOC with 3-years parole and/or $2,000 – $500,000 in fines.

Also, community service, alcohol education classes and therapy.

There are significant consequences when you are facing Driving Under the Influence charges. If convicted, the penalties can have lasting effects on your personal life and career. Imagine losing your job because you can’t drive.  The knowledgeable lawyers at the O’Malley Law Office will fight for your rights and examine any possible defenses.

If you are facing a DUI or DUI per se charge, it is best to exercise your right to remain silent. Never do voluntary roadside maneuvers.  Then, get one of our experienced and skilled DUI defense lawyer working for you as quickly as possible. Call 970-616-6009 to meet with an experienced criminal defense attorney. Together, we can protect your future.

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