Driving Under the Influence is a common charge in Greeley and Weld County, especially during the holiday season. People are having fun, going out, seeing loved ones, and going to parties. Sometimes, those activities involve alcohol. Often, people think they are ok to drive, but get pulled over and find themselves charged with DUI (Driving Under the Influence) or DWAI (Driving While Ability Impaired). Menial traffic stops OFTEN turn into DUI investigations, especially when Greeley Police Officers and Weld County Sheriff Deputies know that people are more likely to be out celebrating during this time of year.
Weld County DUI Lawyer: What is Driving Under the Influence in Colorado?
The Weld County, Colorado law definition of Driving Under the Influence – C.R.S. 42-4-1301 – 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); vehicular assault, as described in section 18-3-205 (1)(b); or any combination thereof.
A person’s blood alcohol content (BAC) is the most important factor in determining a DUI. A BAC of .08 or higher is the presumptive range that a person is ‘under the influence.’
Attorney for DWAI Charges in Windsor: What is Driving While Ability Impaired in Colorado?
Located under the same statute, C.R.S. 42-4-1301, Driving While Ability Impaired is defined as:
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.
‘To the slightest degree’ is the key for Driving While Ability Impaired. The presumptive BAC range for this charge is .06-.079.
If you or someone you love has been arrested for DUI or DWAI, be smart, exercise your right to remain silent and contact the best criminal 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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