Driving Under the Influence or Driving While Impaired Ability Lawyer in Weld County Police Sergeant Charged with Driving Under the Influence at an Accident Scene

In Weld County, if you have been drinking and are caught driving a car, you can be charged with Driving Under the Influence or Driving While Impaired Ability (DWAI). Recently in Denver, a police sergeant was charged with Driving Under the Influence after he apparently drove to the scene of an accident while intoxicated. The police sergeant was stopped after he drove his unmarked police car around barricades and he appeared intoxicated. In Weld County, Driving Under the Influence or DUI is a serious traffic and criminal charge. If you have received a summons, you need an experienced Driving Under the Influence lawyer to get the best outcome. When facing up to 2 years in the Weld County Jail, it is always a good idea to meet with a criminal lawyer.

What is Driving Under the Influence in Greeley, Colorado?

In Greeley, Colorado, Driving Under the Influence, C.R.S. 42-4-1301, occurs when:

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 Colorado driving under the influence. A conviction for DUI will result in 12 points against your drivers license, enough to cause it to be revoked.

DUI in Greeley, Colorado, is further defined as:

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.

Simply put, if you are significantly under the influence of drugs or alcohol while driving, you are at risk of being charged. Some people believe you can only be charged with DUI if your Blood Alcohol Content (BAC) is above a certain level. While that is true, you can still be criminally charged with the slightly less severe, Driving While Ability Impaired or DWAI, which has an 8 point hit against your license.

Driving While Ability Impaired in Weld County Definition

In Weld County, Driving While Ability Impaired is defined as:

Driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, 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.

DUI and DWAI are nearly identical. Notice a slight difference in their definitions: DUI = the driver is substantially incapable, while DWAI, the driver is to the slightest degree less capable. This means that the Greeley police can charge you with a DWAI even if you have only had one drink and they deem that you are either physically or mentally slightly less capable than you ordinarily would be, of driving a car. Again, the difference between DUI and DWAI focuses on the degree of impairment: a slight or substantial impairment.

What are the Penalties or Possible Sentence for Driving Under the Influence and Driving While Ability Impaired in Greeley, Colorado?

In Greeley, Colorado, the sentence for DUI and DWAI differ depending on your BAC level and prior offenses.

First DUI	Misdemeanor	5 days – 1 year jail, $600 – $1,000 in fines, 48 – 96 hours community service, 9-month license suspension, 12 DMV points, and possibly alcohol education classes Courts can suspend the minimum period of jail; also, they can give and suspend an extra year of Weld County Jail time if you are not successful on probation.
2^nd 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 possibly alcohol education classes
Third 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 possibly alcohol education classes
4^th DUI	Class 4 Felony	2 – 6 years prison – DOC with 3-year parole and/or $2,000 – $500,000 in fines Also, possible community service and alcohol education classes
1^st DWAI	Misdemeanor	2 – 180 days Weld County Jail time, $200 – $500 in fines, 24 – 48 hours of community service, and 8 DMV points.
Second DWAI	Misdemeanor	10 days – 1 year jail, $600 – $1,500 in fines, 48 – 120 hours of community service, and 8 DMV points
3^rd DWAI	Misdemeanor	60 days – 1 year Weld County Jail time, $600 – $1,500 in fines, 48 – 120 hours of community service, and 8 DMV points
Fourth or Subsequent DWAI	Class 4 Felony	2 – 6 years prison with 3-year parole, and/or $2,000 – $500,000 in fines.

DWAI or DUI charges come with significant consequences. To learn more about Colorado DMV License Suspension and Alcohol Education classes, go here. Being convicted of Driving Under the Influence or Driving While Ability Impaired can have consequences on your daily life and you can face jailtime or the loss of your job which involves driving. Make sure that your have a knowledgeable criminal defense lawyer at your side who can fight for your rights.

If the Greeley police arrest or charge you on suspicion of a DUI or DWAI, it is best to exercise your right to remain silent. Then, get an 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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