Are you facing a felony Driving Under the Influence / DUI charge or been designated a Persistent Drunk Driver in Weld County? If so, you will need to contact a top DUI attorney as soon as possible. In Colorado, if you are accused of Driving Under the Influence for the fourth time, you will be charged with Felony Driving Under the Influence . You will also be designated a Persistent Drunk Driver / PDD. Recently, a California man was charged with felony DUI in Colorado due to having multiple prior DUI convictions in several different states. Given this number of convictions, he could also be given a PDD designation. Any DUI is already a serious charge, but this gravity increases significantly when charged as a felony offense.
What is the Legal Definition in Colorado of Driving Under the Influence, C.R.S. 42-4-1301?
The legal definition of Driving Under the Influence, C.R.S. 42-4-1301, in Colorado is:
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 driving under the influence. Driving under the influence is a misdemeanor, but it is a class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1)(b), C.R.S.; vehicular assault, as described in section 18-3-205 (1)(b), C.R.S.; or any combination thereof.
According to C.R.S. 42-4-1301, Driving Under the Influence is charged as a misdemeanor for the first three offenses, but the fourth conviction is instead a class 4 felony.
What is a Persistent Drunk Driver in Greeley and Windsor, Colorado?
In Greeley, Windsor, and across Colorado, you can be labeled a Persistent Drunk Driver / PDD for a variety of reasons. Actions that will result in PDD designation include refusal to take an express consent test after being arrested, having a Blood Alcohol Content / BAC greater than 0.15, 2 or more DUI or other alcohol-related driving convictions, or driving after your license was suspended for an alcohol-related driving violation. In the above story, the driver could have been labeled a PDD for multiple reasons, including his refusal to take a chemical test and his multiple prior DUI convictions.
Note that you can receive a Persistent Drunk Driver designation if you have been charged with misdemeanor DUI. Felony DUI charges always automatically result in this designation.
Penalties for a DUI Conviction and a Persistent Drunk Driver Designation in Weld County
Penalties for Driving Under the Influence depend partly on the defendant’s BAC at the time of the arrest and whether they had previously been convicted of DUI. A first DUI offense is a misdemeanor, with penalties of 5 days – 1 year in the Weld County Jail, $600 – $1,000 in fines, additional surcharges, 48 – 96 hours community service, a 9-month license suspension, 12 DMV points, and possible alcohol education classes. Subsequent DUI convictions will result in increased penalties, but will still be charged as a misdemeanor for the second and third offenses. However, a 4th DUI conviction is a class 4 felony and can result in penalties of 2 – 6 years in the Colorado Department of Corrections, $2,000 – $500,000 in fines, additional surcharges, 3 years of parole, 48 – 120 hours of community service, and mandatory alcohol education classes and therapy. The judge may also sentence the defendant to other penalties as they deem fit, such as a mandatory appearance at a victim impact panel.
The defendant will also incur additional penalties due to designation as a Persistent Drunk Driver. These include paying for and completing level II alcohol education and treatment, the installation of an ignition interlock device, and SR-22 insurance.
Charged with Felony DUI? Contact a Top Greeley, Colorado DUI Attorney Today
If you have been charged with felony DUI or have been designated a Persistent Drunk Driver, it is important that you contact a top Greeley, Colorado attorney to represent you at the Weld County Courts. The attorneys at the O’Malley Law Office have over 30 years of experience in fighting for the best outcome for their clients. We can help protect you from mandatory Weld County Jail time, then secure a plea bargain or even total dismissal of your charges on your behalf, depending on your case. License suspension, having a DUI on your criminal record, and thousands of dollars in fines and surcharges can affect your life and career. Don’t risk your future and freedoms, and contact a top criminal defense lawyer today.
Do you need a top Greeley DUI attorney to represent you at the Weld County Courthouse? If so, contact the best DUI criminal defense lawyers from the O’Malley Law Office at 970-616-6009 to discuss your charges. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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