Driving Under the Influence and Driving While Ability Impaired charges can often be some of the most complicated in Larimer County. For that reason, our top Fort Collins DUI and DWAI lawyers have answered additional FAQs on these charges. Click here for part 1 of our Driving Under the Influence FAQs. In the meantime, if you have been charged with DUI or DWAI, don’t wait to get in contact with the best Fort Collins criminal defense lawyers to discuss your case.
1. Is DUI a Felony at the Larimer County Courts?
Both DUI and DWAI can be charged as a felony at the Larimer County Courts. If a driver charged with either offense has previously been convicted of any combination of DUI, DWAI, or another alcohol-related driving offense, the 4th DWAI / DUI conviction will be charged as a class 4 felony. The penalties for felony DUI / DWAI are significantly higher than misdemeanor convictions. A driver can be sentenced to 2 – 6 years in the Colorado DOC, mandatory alcohol education and treatment, and many other penalties.
2. What is the “Persistent Drunk Driver” Designation in Fort Collins?
According to C.R.S. 42-1-102 (68.5) (a), the “persistent drunk driver” / PDD designation in Fort Collins refers to any person who:
- Has been convicted of or had their license revoked for 2+ alcohol-related driving violations,
- Drives under restraint after their license has been revoked for 1+ alcohol-related driving violations,
- Refuses to take an express consent test, or
- Drives with a BAC of 0.15. Note that you can be designated a PDD if you have been charged with DUI for the first time if your BAC is at or above 0.15.
A person who is designated a “persistent drunk driver” will be required to have an interlock-restricted license for at least one year and pursue level II alcohol education and treatment.
3. What is Express Consent in Loveland?
In Loveland, you provide express consent when you apply for and obtain your driver’s license. This means that if you have been arrested for Driving Under the Influence or Driving While Ability Impaired, you will consent to a chemical test. This test is to determine your BAC or level of drugs in your system at the time that you drove. While you can refuse this test, it does also come with numerous penalties – PDD designation, automatic license revocation, required ignition interlock device installation, and many more. Your refusal can also be used against you in your case at the Larimer County Courts.
4. What Happens When a Minor Drives Under the Influence in Berthoud?
A minor under the age of 21 who drives under the influence in Berthoud – referred to as Underage Drinking and Driving / UDD – will generally face less severe penalties than an adult charged with DWAI or DUI. A juvenile or minor charged with UDD will be charged with a class A traffic infraction for the first offense if their BAC was between 0.02 and 0.05. By contrast, an adult would be charged with an unclassified misdemeanor. The minor may be sentenced to a fine of $15 – $100, surcharges, up to 24 hours of useful public service, an alcohol evaluation / assessment, and an alcohol education or treatment program. Four points will also be assessed to their driver’s license. An adult convicted of DUI or DWAI will be sentenced to significantly harsher penalties – see point 7. However, if the minor has a BAC over .05, then they would face the same penalties as an adult.
5. What is DUI Court in Larimer County?
As the name suggests, DUI Court in Larimer County only hears DUI cases. It is a type of problem-solving court that seeks to address the underlying behavior that resulted in a defendant’s DUI charges. These courts tend to focus more on change and rehabilitation, and are therefore most likely to sentence a defendant to classes, treatment, and victim impact panels. Ultimately, the goal of DUI court is to prevent a defendant from reoffending rather than simply penalize them. This court program is generally reserved for people with multiple DUI convictions.
6. Can I Be Charged with DWAI / DUI for Consuming Marijuana?
DUI and DWAI are most frequently charged for drinking and driving in Colorado. However, driving while ability impaired / under the influence of marijuana also frequently results in DWAI and DUI charges. The legal limit in Colorado for THC is 5 ng/mL of 9-tetrahydrocannabinol. However, marijuana is unique in that it takes a significantly longer time to leave your system than alcohol does. Unfortunately, you can test positive for marijuana weeks after you smoked a joint or ate a pot brownie. This can then be used against you at the Larimer County Courts.
7. What Kinds of Penalties Come with a DWAI / DUI Conviction in Wellington?
DWAI and DUI convictions come with numerous penalties in Wellington. These include:
- Time at the Larimer County Jail or Colorado DOC
- Hundreds or thousands of dollars in fines, restitution, and surcharges
- Mandatory parole upon release from prison if convicted of felony DUI
- Points assessed to your driver’s license; automatic suspension if charged with DUI
- Ignition interlock device installation and SR-22 insurance
- Several hours of useful public service
- Mandatory appearance at a victim impact panel
- Alcohol education / treatment, paid for by the defendant
- A criminal record that cannot be sealed
Don’t let penalties like these rob you of your future and freedoms. Your time and finances are precious – let us help you protect both. Contact the best Larimer County DUI / DWAI lawyers today so that you can be represented well throughout your case. The charges against you could even be dismissed – but not without the expertise of the best criminal defense attorneys.
Charged with Driving Under the Influence or Driving While Ability Impaired? Be smart, and exercise your right to stay silent. Never talk to the Fort Collins Police about your charges. Then get in contact with a top criminal defense lawyer with more than 30 years of experience successfully representing people charged with DUI and DWAI. Call us at the O’Malley Law Office today at 970-658-0007 to discuss your case. 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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