Driving Under the Influence / DUI and Driving While Ability Impaired / DWAI both involve mandatory sentencing to the Larimer County Jail in Fort Collins, CO. Generally, this mandatory jail sentence is unavoidable – except for those who have been charged with their first DUI or DWAI. Provided that the defendant can pay for and attend an alcohol education program, the mandatory jail sentence may be suspended. If you have been charged with either, don’t wait – contact a top Fort Collins DUI lawyer today to secure the representation you need at the Larimer County Courts.
Is Larimer County Jail Time Mandatory in DUI / DWAI Cases?
Larimer County Jail time is usually mandatory in DUI / DWAI cases, but not always. Per C.R.S. 42-4-1307, the Larimer County Courts may suspend this requirement for a person’s first Driving Under the Influence or Driving While Ability Impaired offense. To make this happen, the defendant must agree to undergo an alcohol evaluation. They must also fully pay for and complete a Level I or Level II Alcohol Education program.
How Long Could I Be Sentenced to Jail Time in Fort Collins for DUI / DWAI?
Sentencing to the Larimer County Jail in Fort Collins for DUI / DWAI depends on the defendant’s number of prior offenses and their BAC at the time that they drove. See the table below:
Number of DUI / DWAI Offenses |
Larimer County Jail Time |
| First – DWAI | 2 – 180 days |
| First – DUI | 5 – 365 days |
| First – DUI or DWAI with BAC of 0.20 or more | 10 – 365 days |
| Second | 10 consecutive days – 365 days |
| Third | 60 consecutive days – 365 days |
| Fourth or subsequent | A person’s fourth or subsequent DUI or DWAI is charged as a class 4 felony. Conviction will result in 2 – 6 years in the Colorado DOC. |
Other penalties include:
- Fines and surcharges
- Community service
- License suspension
- Points against your Colorado driver’s license
Contact a Top Loveland and Estes Park Criminal Defense Lawyer Today
If you have been charged with Driving Under the Influence or Driving While Ability Impaired, don’t despair – instead, contact a top Loveland and Estes Park criminal defense lawyer today. If it is your first offense, we can help you avoid the mandatory sentence to the Larimer County Jail. While jail time may not be avoidable for a second or subsequent offense, we can still help you attain the best possible outcome by representing you at the Larimer County Courts. Don’t wait – give us a call today.
Have you been charged with DUI or DWAI? Be smart, and exercise your right to stay silent – never discuss your charges with the Fort Collins Police or Larimer County Sheriff. Then get in contact with a criminal defense lawyer with over 3 decades of experience at the O’Malley Law Office today at 970-658-0007 to discuss your case today. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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