Driving Under the Influence is a very common charge in Fort Collins and Larimer County. It seems that often even just routine traffic stops turn into DUI investigations when Fort Collins or Loveland Police are involved. A former Colorado sheriff deputy recently almost got away with a DUI causing a serious accident, but I guess she did not have that get out of jail free card. According to the report, the deputy was off duty and had been out drinking with friends. While driving home from the bar, she drove the wrong way on a major road and hit another car at an intersection. The investigating officers realized she was a deputy, then only reported the passenger as having smelled of alcohol. She was transported to the hospital and only ticketed for Reckless Driving, Driving on the Wrong Side of the Road, No Proof of Insurance and Driving with Expired Plate. The case was reviewed a few days later and reports from EMS and firefighters confirmed that she was slurring her words and smelled of alcohol. They had no doubt that she was drunk. After the blood results were received through subpoena, she had a BAC of .269 – clearly intoxicated. She was then charged with DUI and quickly resigned as a sheriff deputy, but was given a job with the same department as a dispatcher. She plead to DWAI with 12 months of probation and 24 hours of community service.
Larimer County DUI Lawyer: Definition of Driving Under the Influence in Colorado
The Larimer 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.
If any of the other parties involved in the accident had been seriously injured, the deputy could have also faced the felony Vehicular Assault charge.
DWAI and DUI Penalties in Loveland and Estes Park: Let’s Break It Down this Almost Avoided DUI
In Fort Collins, Loveland and Estes Park, sentencing for drunk driving depends on the number of convictions and BAC level. Here’s a chart to break it down:
| Offense # | Sentence Range | Fine | License Suspension |
DUI – 1st Offense |
5 days – 1 year in Larimer County Jail;48 – 96 hours of community service |
$600 – $1,000 |
9 months |
DWAI – 1st Offense |
2 days – 180 days in Larimer County Jail;24 – 48 hours community service |
$200 – $500 |
No license suspension |
DUI – 1st Offense with BAC of .20 or greater |
10 days – 1 year in Larimer County Jail;48 – 96 hours community service |
$600 – $1,000 |
9 months |
DWAI – 1st Offense with BAC of .20 or greater |
10 days – 1 year in Larimer County Jail;24 – 48 hours community service |
$200 – $500 |
No license suspension |
DUI/DWAI – 2nd Offense |
10 consecutive days – 1 year in Larimer County Jail;48 – 120 hours community service |
$600 – $1,500 |
1 year |
DUI/DWAI – 3rd or subsequent offense |
60 consecutive days – 1 year in Larimer County Jail;48 – 120 hours community service |
$600 – $1,500 |
2 years |
DUI/DWAI – 4th or subsequent offense |
2 – 6 years in the Colorado Department of Corrections;48 – 120 hours of community service; 3 years of parole |
$2,000 – $500,000 |
2 years |
Based on the information provided, the deputy was likely charged originally with DUI – 1st offense with a BAC of .20 or greater, but she was able to get a plea to DWAI.
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 criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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