Driving Under the Influence, or DUI, in Weld County is charged when Greeley Police have probable cause that you’ve consumed alcohol or drugs which affect your ability to safely operate a motor vehicle.  Colorado DUI law says that consumption of alcohol, marijuana, or a controlled substance which renders you “substantially incapable” of exercising good, safe judgment while driving, is illegal. Our DWAI and DUI lawyers know that Police look for signs of intoxication to pull you over, such as weaving, speeding, driving slowly. Officers also respond to citizen calls of you making dangerous moves like nearly crashing into an object, or swerving across the roadway. Experienced Greeley Police know that many cars on roads late at night have drunk drivers.  Officers have been known to follow cars leaving bars, hoping to find a reason to pull drivers over for closer examination with voluntary roadside maneuvers.  In some instances, even though you did not drive dangerously, but your BAC is found to be 0.08 or greater, you can be charged with DUI per se.  Whatever the case, once charged with Driving Under the Influence, it is imperative that you hire a top Greeley criminal defense attorney who can defend you at the Weld County Courthouse.

Weld County Court Definition of Driving Under the Influence, C.R.S. 42-4-1301

The Weld County Court defines Driving Under the Influence, C.R.S. 42-4-1301(f), as:

Essentially, Driving Under the Influence / DUI is charged when your consumption of a substance renders you significantly incapable of exercising good judgment or control while driving.  By contrast, Driving While Ability Impaired / DWAI is charged when substance use affects your driving ability “to the slightest degree.”

How is Driving Under the Influence Charged vs Driving While Ability Impaired in Greeley, Colorado?

If your ability to drive is affected by alcohol, marijuana, or a controlled substance, you can be charged with Driving Under the Influence or Driving While Ability Impaired in a Greeley, Colorado court.  Because you can be charged with one of these two offenses, it is important to understand when you can be charged with DUI versus DWAI.  DWAI is the lesser charge and carries less serious penalties.  See the table below for a comparison between DUI and DWAI:

What is DUI Per Se in Weld County?

In Weld County and throughout Colorado, DUI Per Se is charged when a person’s Blood Alcohol Content / BAC is 0.08 or higher at the time the person drove, or within two hours of driving.  This standard is applied across the board to everyone, regardless of how well someone can tolerate higher levels of alcohol in their system.  This means that if an express consent test determines that the driver had a BAC of 0.08 or higher, the person will automatically be charged with DUI Per Se.  Even if the person’s BAC did not render them substantially incapable of safely operating a motor vehicle, they will still be charged with DUI per se for having a BAC of 0.08 or greater. This is a way of catching the person who tolerates alcohol well, which is often the case with more serious alcoholics.

Roadside Tests and Field Sobriety Tests: Do They Prove Drinking and Driving Innocence in Greeley?

When you’re pulled over on suspicion of Driving Under the Influence in Greeley, you will be asked if you would like to participate in “voluntary” roadside tests and field sobriety tests, which include a preliminary breath test  “PBT.” It is always in your best interest to decline these tests.  Roadside tests are voluntary, and no matter the outcome, they only serve as evidence against you.

Never will a PBT or field sobriety test prove your innocence – in fact, they do exactly the opposite.  The Weld County Sheriff, Greeley Police and other law enforcement officers are particularly relentless with roadside tests.  A person can find themselves in handcuffs soon afterwards, even if they did reasonably well on the tests.  Even with no alcohol or drugs in your body, most people could not perform these tests with 100% accuracy.  Remember that you are only required to take an express consent test after you have been arrested.  If you are not under arrest, politely decline taking the PBT or any roadside tests, no matter what the police tell you.

Weld County Jail Time, Fines, and Other Penalties for Driving Under the Influence

Conviction of Driving Under the Influence carries numerous penalties – including time at the Weld County Jail and hundreds of dollars in fines.  These penalties depend on whether you have had prior DUI or DWAI offenses, your BAC at the time you drove, and whether you refused an express consent test.  See the table below for penalties that will result from conviction:

Notice that the first three DUI / DWAI convictions are unclassified misdemeanors, but with each subsequent offense, the penalties become more severe.  Then, if the defendant is charged with DUI / DWAI for the fourth time, it is charged as a class 4 felony.

Defenses to DUI Charges in Greeley

If you have been charged with DUI in Greeley, don’t despair.  There are many defenses to DUI charges in Greeley.  Our top criminal defense lawyers have successfully used many defenses to advocate for our clients at the Weld County Court, such as:

• The traffic stop violated your constitutional rights.
• There is a nonalcohol basis underlying the stop
• You had a medical condition that caused you to show signs similar to those of intoxication.
• The breathalyzer was not properly given to you.

DUI charges can be difficult and stressful, but they don’t have to be the end of your career.  Having a quality criminal defense attorney who can competently employ one of these defense strategies can make all the difference in your case.  Your lawyer will analyze every aspect of a case, then build your defense from there.  There are numerous angles that a quality lawyer may use to tackle your case head-on at the Weld County Court.

Hire a Top Weld County Criminal Defense Attorney for Your DUI / DWAI Case

If you have been charged with DUI, don’t wait to hire a top criminal defense attorney to take on your charges at the Weld County Court.  If convicted, the penalties that you will face for your DUI charge will be costly, and they can wreck your future.  It is best that you quickly seek the help of a top criminal defense lawyer who can protect your future at the Weld County Court.  The sooner you hire an experienced criminal defense lawyer, the better are your chances of having the best possible plea bargain or trial in your case.  Depending on your case, the charges against you could even be completely dismissed – but not if you take on your charges alone.

Have you been charged with Driving Under the Influence?  Be smart, and exercise your right to stay silent.  Do not talk to the Greeley Police or Weld County Sheriff about your case.  Then call 970-616-6009 or fill out the “Get Help Now” form to discuss your case with one of the best DUI attorneys at the O’Malley Law Office.  Together, we can protect your future.

The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!