In Weld County, if you are Driving Under the Influence (DUI) of alcohol or drugs, you can receive a DUI Ticket. Recently, a man in El Paso County was faced with a Felony DUI ticket after he hit a motorcyclist and was allegedly Driving Under the Influence of narcotics. Apparently, the man crossed the center line and hit the oncoming motorcyclist who died at the scene. A DUI that results in a death is Vehicular Homicide and a Felony. When facing a DUI ticket that involved serious bodily injury or death, it is important that you contact skilled criminal defense attorneys who can help you navigate your case. The attorneys at the O’Malley Law Office discuss Vehicular Homicide and Felony DUI below. If you are facing Felony DUI, a DUI ticket, or Vehicular Homicide in Fort Collins, get help here.
Definition of DUI, C.R.S. 42-4-1301, in Greeley, Colorado
In Greeley, a person can be charged with Driving Under the Influence, C.R.S. 42-4-1301, if they are:
In the above story, if the man is proven to have taken drugs and was under the influence when he hit the motorcycle, he could be charged with DUI.
What is the Difference Between a Misdemeanor DUI and Felony DUI in Greeley, Colorado?
The difference in Greeley between a Misdemeanor DUI and Felony DUI is based on the number of prior DUI or serious traffic offenses for the defendant. Those serious traffic offenses include Vehicular Homicide, Vehicular Assault, DUI, DWAI and DUI Per Se. If a defendant is facing their first, second, or third DUI, the charge is a misdemeanor. After a fourth conviction for one of these serious traffic offenses, is a DUI felony, including the other charged committed, such as Vehicular Homicide or Vehicular Assault.
In the above story if the man is convicted was Driving Under the Influence of Alcohol, he’d be charged with DUI and Vehicular Homicide, which is a separate felony.
What is the Definition of Vehicular Homicide in Weld County, Under C.R.S. 18-3-106?
(b) (I) If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide. This is a strict liability crime.
(I.5) If a person operates or drives a motor vehicle while the person’s ability is impaired by alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and such conduct is the proximate cause of the death of another, the person commits the crime of vehicular homicide. [Subsection (1)(b)(I.5) is effective March 1, 2022.]
(II) For the purposes of this subsection (1), one or more drugs means any drug, as defined in section 27-80-203 (13), C.R.S., any controlled substance, as defined in section 18-18-102 (5), and any inhaled glue, aerosol, or other toxic vapor or vapors, as defined in section 18-18-412.
(III) The fact that any person charged with a violation of this subsection (1) is or has been entitled to use one or more drugs under the laws of this state shall not constitute a defense against any charge of violating this subsection (1).
(IV) “Driving under the influence” means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs affect such person to a degree that such person is substantially incapable, either mentally or physically, or both mentally and physically, of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
(V) “Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol or 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 motor vehicle or vehicle. [Subsection (1)(b)(V) is effective March 1, 2022.]
(c) Vehicular homicide, in violation of paragraph (a) of this subsection (1), is a class 4 felony. Vehicular homicide, in violation of paragraph (b) of this subsection (1), is a class 3 felony. [This version of subsection (1)(c) is effective until March 1, 2022, and only for conduct occurring prior to this date.]
(c) Vehicular homicide, in violation of subsection (1)(b)(I.5) of this section, is a class 4 felony. Vehicular homicide, in violation of subsection (1)(a) of this section, is a class 4 felony. Vehicular homicide, in violation of subsection (1)(b)(I) of this section, is a class 3 felony. [This version of subsection (1)(c) is effective March 1, 2022, and only applies to conduct occurring on or after this date.]
Sentence and Penalties for a Felony DUI and Vehicular Assault in Weld County
The sentence for a felony DUI depends on if it is your fourth DUI, DUI per se, or DWAI or in combination with the serious traffic offenses above amounts to a total of four. A fourth DUI is a class 4 felony with penalties of $2,000 to $500,000 in fines, 2 to 6 years in a Colorado State Prison, and a mandatory 3-year parole period. A conviction for a driving offense involving alcohol with serious bodily injury is also charged as Vehicular Assault, CRS 18-3-205(1)(b)(I). This is also a class 4 felony with penalties of $2,000 to $500,000 in fines, 2 to 6 years in prison, and a mandatory 3-year parole period. A DUI that caused a death is also charged as Vehicular Homicide, CRS 18-3-106(1)(b)(I). This is a class 3 felony with penalties of $3,000 to $750,000 in fines, 4 to 12 years in prison, and a mandatory 5-year parole period. It is important to note that when a DUI causes serious bodily injury or death, these charges can happen even if it is the defendant’s first alcohol offense.
Why Hire an Experienced Criminal Defense DUI Attorney in Windsor, Eaton, or Greeley, Colorado?
A felony DUI, Vehicular Assault or Vehicular Homicide conviction can carry consequences of time in prison, a felony record, the inability to get a job, or problems finding a place to liven. The experienced attorneys at the O’Malley Law Office have over 30 years of experience helping our clients and defend against DUI and serious traffic tickets. Our attorneys know how to negotiate the system working with Weld County prosecutors, and getting the best outcomes for our clients.
If you are facing a Felony DUI, DUI Ticket, Vehicular Homicide or Vehicular Assault in Weld County, it is best to exercise your right to remain silent. Then, you need to get an experienced and skilled Greeley DUI defense lawyer working for you as quickly as possible. Call the O’Malley Law Office at 970-616-6009 to meet with an experienced criminal defense lawyer in Weld County and the Greeley area. Together, we can protect your future.
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