Colorado Law for Felony DUI | Greeley DUI Lawyer

When you've been pulled over and convicted after a night of drinking for the fourth time in Greeley, Colorado, you have become eligible for a Felony DUI. Generally, a DUI is sentenced with a misdemeanor, however, after your fourth conviction, it becomes a felony.

What is Driving Under the Influence, C.R.S. 42-4-1301, in Weld County

In Weld County, you can be convicted of Driving Under the Influence, C.R.S. 42-4-1301, if you're guilty of being:

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.

More specifically, if you have been drinking and you step into a car, you could potentially be charged with this crime. If your blood alcohol content (BAC) is 0.08 or higher, you are either at the legal limit, or are over the legal limit, to operate a motor vehicle when you've been consuming alcohol. If your BAC is 0.05 to 0.08, you can be charged with Driving While Ability Impaired (DWAI). Although this crime is not as serious as a DUI crime, it is still illegal, and anyone can still be arrested and face consequences for it.

Sentence for Driving Under the Influence in Greeley, Erie and Dacono

Generally, when someone is guilty of Driving Under the Influence (DUI) in Greeley, Erie and Dacono, they are sentenced to a misdemeanor conviction. Misdemeanors consist of limited jail time, a fine, or probation. They are less serious than a felony conviction. However, a DUI or DWAI case can still be charged as a Felony under certain circumstances.

When Does a DUI or DWAI Become a Felony Charge in Frederick and Evans?

In Frederick and Evans, a DUI or DWAI can become a felony when it is the fourth conviction of a DUI or DWAI. It can also be elevated to a Felony DUI or DWAI, if you have been convicted of other vehicle related crimes too. So if you have three prior convictions for ANY of the following crimes, then you could end up with a felony charge if you're convicted again.

So even if a person has never driven drunk or been convicted of a DWAI before, if they've been convicted for vehicular assault three times, or even vehicular homicide, and they then are convicted for a DWAI or DUI, the punishment is elevated to a felony, rather than a misdemeanor. What a surprise you would be facing for your first DWAI to be a felony.

Sentence for a Felony DUI or DWAI in Longmont and Boulder

When a person is convicted of that fourth DUI or DWAI in Longmont or Boulder, they are sentenced to a class 4 felony. This means that they then have to serve a minimum of 2 years in the Colorado Department of Corrections. They face a maximum of 6 years in DOC, a fine of at least $2,000, and possibly probation. They also will be subject to 3 years of mandatory parole. During their parole period, the defendant will also be required to have an ignition interlock device on their car. This is a steep consequence for anyone to perform. It is because of that, that if you're facing an accusation for DUI, whether it is your first, or your fourth, you will need an experienced criminal defense attorney to help protect you from the harsh punishments of Colorado law.

Status as a Habitual Traffic Offender, C.R.S. 42-2-202, in Milliken and Sterling

When someone is convicted of multiple traffic crimes, the Colorado Department of Motor Vehicles (DMV) will give you status as a Habitual Traffic Offender, C.R.S. 42-2-202, in Milliken and Sterling. You will be provided this new status when you are convicted of at least 3 of these major traffic crimes within 7 years:

  • DUI
  • DWAI
  • Reckless Driving
  • Hit and Run (Leaving the Scene of an Accident / Duty to Report an Accident)
  • Vehicular Assault
  • Vehicular Homicide
  • Driving After Suspension or Revocation
  • Criminally Negligent Homicide
  • Providing False Information to DMV

Even if these crimes where committed in other states, Colorado will still recognize them. Meaning, that if someone has acquired traffic convictions for the crimes listed above in California and Texas, Colorado will still hold that against you. The state will still view those convictions as contributing toward your  status as Habitual Traffic Offender.

When you've earned this title, your driver's license is revoked for 5 years. Unfortunately, when a license is revoked, as opposed to suspended, the chance of receiving a probationary license is very slim. Probationary licenses are used for very specific purposes, like driving to work, or your child's school. Plus, if you're caught driving while you're a Habitual Traffic Offender, you will have to serve mandatory jail time at the Weld County Jail. So not only have you lost your ability to get to work or school, but the state further criminalizes you for trying to get to your education, or for driving while trying earn money to pay your bills. It is a sentence that is unfair and it just doesn't make sense. Our expert defense lawyers will fight for tooth and nail for you to be able to keep your license.

Are you facing accusations of a fourth DUI charge in Greeley or Weld County?

Call the experienced criminal defense attorneys at the O'Malley Law Office to schedule a free consultation. Call 970-616-6009 or fill out the Get Help Now form to speak to a defense lawyer today.

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