What is the lowest Blood Alcohol Level, or BAC level for a DUI or Driving Under the Influence in Colorado? The answer? The minimum or lowest BAC, or Blood Alcohol Level for a DUI in Colorado is .08 or more. A DUI Ticket in Weld County will always be charged based on your BAC. Recently, a man in Colorado was pulled over for speeding and when the law enforcement officer approached the car a dog was in the driver’s seat. The man told the officer that he was not driving and then tried to flee. It was later suspected that he was drinking and driving. The man faces a DUI ticket, Resisting Arrest, and Speeding. In Weld County, Colorado, if you drive a vehicle or ride a bike while under the influence of drugs or alcohol, you can be charged with Driving Under the Influence. Below, our attorneys will discuss a DUI charge and why it is important that you have an experienced DUI charge attorney at your side who can fight for your rights and driving future.
Colorado Definition 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. .08 is the lowest or minimum Blood Alcohol Level for a DUI.
It is important to note that a DUI can be charged for any motorized and non-motorized vehicles such as bikes and scooters.
What is the Difference Between DUI, and Driving While Ability Impaired in Greeley, Colorado?
It is important to know the difference between DUI, and Driving While Ability Impaired, DWAI, in Greeley and the rest of Colorado. The main difference in the charges is based on what the defendant’s Blood Alcohol Content or BAC, was at the time of driving. A driver’s BAC level is determined by the lower of two samples of breath blown into a breathalyzer machine, or a blood test. A BAC of more than .05 but less than .08 is a DWAI and anything above a .08 is a DUI. If your blood alcohol level is .05 or less, there is a presumption that you were not Driving While Impaired and not Driving Under the Influence.
Sentence and Penalties for Driving Under the Influence, DUI, or Driving While Ability Impaired, DWAI, Charge in Weld County
In Weld County the sentence and penalties for DUI or DWAI depend on what a person’s BAC level is, what the defendant has been charged with or if they have had a prior conviction. All judges will sentence more days in the county jail for a high BAC level, even if it is your first or second offense.
| Offense | Sentence | Penalties |
| First DWAI | Misdemeanor | 2 days – 180 days in the Weld County Jail,
A fine of $200 – $500 plus court costs, 24 – 48 hours of community service, and 8 DMV points on your DMV driving record. |
| First DUI | Misdemeanor | 5 days – 1 year in jail
$600 – $1,000 in fines Up to 96 hours of public service 9-month license suspension and 12 DMV points Alcohol education classes Up to 2 years of probation |
| Second DUI | Misdemeanor | 10 days – 1 year in jail
$600 – $1,500 in fines 48 – 120 hours of public service 1-year license revocation Ignition interlock device for 2 years 12 DMV points Alcohol education classes At least 2 years of probation |
| Third DUI | Misdemeanor | 60 days – 1 year in jail
$600 – $1,500 in fines 48 – 120 hours of public service 2-year license suspension Ignition interlock device for 2 years 12 DMV points Alcohol education classes At least 2 years of probation |
| Fourth DUI | Felony | 2 – 6 years Colorado State Prison
$2000-$500,000 in fines 90 days of continuous alcohol monitoring if granted probation; and 2-year license revocation 3 years parole |
Why Hire a Driving Under the Influence Attorney in Platteville, Fort Lupton or Evans Colorado?
The lawyers at the O’Malley Law Office know that DUI cases in Platteville, Fort Lupton or Evans, Colorado, are all different and need skilled eyes to study the case details. Our lawyers have over 30 years of experience inside the Weld County Court system, and work to get the best outcome in our cases. A DUI or DWAI on your record can affect your life, career, and your job, let us help you!
Do you need a DWAI or DUI charge attorney in Greeley or Weld County? If so, contact our experienced Driving Under the Influence and Driving While Ability Impaired criminal defense attorneys from the O’Malley Law Office at 970-616-6009, for a free consultation. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!