Driving Under the Influence / DUI and Driving While Ability Impaired / DWAI charges in Fort Collins, Colorado are often confusing to many defendants. Aspects such as being charged with DUI despite being under the legal limit, losing your driver’s license, and many others add to the complexity of these charges. These elements underscore the importance of contacting a top DUI / DWAI attorney if you have been criminally charged. We can help you throughout your case by representing you well at the Larimer County Courts and negotiating tirelessly with the District Attorney on your behalf. In the meantime, read up on FAQs on DUI and DWAI charges answered by our top criminal defense lawyers:
1. What is Driving Under the Influence / DUI in Larimer County, Colorado?
Driving Under the Influence / DUI is defined under C.R.S. 42-4-1301 (1)(f) as:
In other words, significant incapability to drive due to consuming alcohol, marijuana, or a controlled substance would result in DUI charges.
2. What is Driving While Ability Impaired / DWAI in Fort Collins?
In Fort Collins, Driving While Ability Impaired / DWAI is also charged under C.R.S. 42-4-1301. Subsection (1)(g) defines it as:
DWAI has a much lower threshold than DUI – you only need to be affected by alcohol or another drug “to the slightest degree” to be charged.
3. Will I Go to Jail for a DUI or DWAI Conviction in Loveland and Estes Park?
There is a strong possibility of Larimer County Jail time for a DUI or DWAI conviction in Loveland and Estes Park. C.R.S. 42-4-1307 states that any person convicted of DUI or DWAI must serve a mandatory minimum period of imprisonment. However, if it is your first conviction, the Larimer County Courts may choose to suspend the jail sentence if you complete a level I or level II alcohol education program.
4. What is the Legal Limit in Larimer County?
The legal limit in Larimer County is 0.08%. A person whose blood alcohol content (BAC) is .08 or more will face DUI charges. If the BAC is .06 – .08, then DWAI will be charged. Watch out, though – you can still be charged if you’re under the legal limit! This is because DWAI and DUI are charged if consumption of alcohol or another psychotropic substance affected your ability to drive. This is regardless of whether you are well under the legal limit.
5. Should I Take Roadside Tests if I Get Pulled Over by Fort Collins Police?
No. Our top lawyers never advise anyone who gets pulled over by Fort Collins Police to participate in roadside tests. These tests are voluntary, and their only purpose is to give the police enough probable cause to arrest you – not prove your innocence.
6. Will I Lose My License for Driving Under the Influence in Berthoud?
Yes. Even if it’s your first Driving Under the Influence or Driving While Ability Impaired conviction, you will lose your license in Berthoud. A first DUI / DWAI conviction will result in a 9-month license suspension. The more DUI / DWAI convictions, the more this revocation period increases. However, the DMV has procedures in place to allow you to reinstate early, as long as you participate in their requirements.
7. How Do I Get My License Back After a DUI in Laporte?
In Laporte, there is only one way to get your license back after a DUI or DWAI before the suspension period is over – early reinstatement with an Ignition Interlock program. For a first offense, you can apply for early reinstatement immediately, with no waiting period. For a second or subsequent offense or if you refused to submit to a blood or breath test, you can apply after a mandatory waiting period (usually 30 – 60 days). You must enroll and show proof of your enrollment in alcohol classes, have an ignition interlock device installed on your vehicle(s), and get SR-22 insurance. Then, the DMV will inform you that you are reinstated with a restricted license and you can ONLY drive a vehicle with an interlock device installed on it.
8. Talk to the Best Fort Collins DUI and DWAI Lawyers Today
If you have been charged with Driving Under the Influence or Driving While Ability Impaired, you need to talk to the best Fort Collins DUI and DWAI lawyers today. Between time at the Larimer County Jail and the costs of fines, surcharges, and alcohol treatment, you cannot afford to not hire an attorney. Don’t wait, and give us a call today – we will help you protect your future from devastation by a DUI or DWAI conviction.
Have you been charged with Driving While Ability Impaired or Driving Under the Influence? Before you do anything else, be smart, and exercise your right to stay silent. Then get in contact with a top criminal lawyer with over 3 decades of experience at the O’Malley Law Office today at 970-658-0007. 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!
Photo by rebcenter moscow