Driving Under the Influence and Driving While Ability Impaired (DUI and DWAI) are a major focus for local law enforcement in Greeley and Weld County. So much so, that Colorado State Patrol, Weld County Sheriff, and Greeley Police often do extra DUI enforcement weekends. This means the law enforcement agents up the number officers patrolling the roads and pulling people over. What this also means is that every traffic stop turns usually into a DUI investigation.
Difference Between Driving Under the Influence and Driving While Ability Impaired in Weld County
Under C.R.S. 42-14-301, Driving Under the Influence – DUI – is defined as:
The definition of Driving While Ability Impaired – DWAI – is:
The difference is the level of impairment. For DUI, you must be ‘substantially incapable’ of safely driving a vehicle. DWAI only requires that the alcohol or drugs you ingested affect you ‘to the slightest degree.’ Often, officers will claim something small, like you making a right turn without a turn signal or not coming to a complete stop at a stop sign is enough to show you were affected ‘to the slightest degree.’
How is Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI) Charged in Greeley?
The Greeley, Colorado law definition of Driving Under the Influence / Driving While Ability Impaired – C.R.S. 42-4-1301 – is:
(b) A person who drives a motor vehicle or vehicle while impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs, commits driving while ability impaired. Driving while ability impaired 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); vehicular assault, as described in section 18-3-205 (1)(b); or any combination thereof.
Penalty for Colorado DUI or DWAI: A Weld County DUI Attorney Explains
The number of previous impaired driving offenses (if any) will determine how the DUI or DWAI is charged and sentence. The table below outlines the penalties for DUI / DWAI offenses:
Number of DUI / DWAI Offenses |
Weld County Jail Time |
| 1st – DWAI | 2 – 180 days |
| 1st – DUI | 5 – 365 days |
| 1st – DUI or DWAI with BAC of 0.20 or higher | 10 – 365 days |
| 2nd – DUI or DWAI | 10 consecutive days – 365 days |
| 3rd – DUI or DWAI | 60 consecutive days – 365 days |
| 4th or subsequent – DUI or DWAI | A 4th or subsequent DUI / DWAI is charged as a class 4 felony. This is instead punishable by 2 – 6 years in the Colorado DOC + 3 years of mandatory parole upon release. |
If you or someone you love has been charged with DUI or DWAI, be smart, exercise your right to remain silent and contact the best DUI defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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