When you have been charged with Driving Under the Influence of Alcohol, you should contact a top Fort Collins criminal defense attorney – fast. Driving Under the Influence of Alcohol, DUI, can pose a serious threat to your future and finances. Only an experienced criminal defense lawyer can defend both. Conviction of first offense DUI can result in hefty penalties, including time at the Larimer County Jail, hundreds of dollars of fines, license suspension, and many others. Imagine not being able to drive to work or the loss of your career as a driver. These penalties can all have a significant impact on your job, personal relationships, and many other aspects of your life. A top criminal defense attorney can defend you and protect your future at the Larimer County Court.
Definition of Driving Under the Influence of Alcohol, C.R.S. 42-4-1301 in Larimer County
Driving Under the Influence of Alcohol, C.R.S. 42-4-1301, is defined as follows in Larimer County:
By Colorado law, it is a crime to drive while under the influence of alcohol, DUI, or another psychotropic substance. “Driving under the influence” is defined under the same statute as “driving a motor vehicle or vehicle when a person has consumed alcohol… to a degree that the person is substantially incapable either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”
What is the Difference Between DUI and DWAI in Estes Park and Loveland?
There is an easy to identify difference between Driving Under the Influence of Alcohol, DUI, and Driving While Ability Impaired by Alcohol, DWAI. In Estes Park and Loveland, one of these crimes involves more alcohol in a person’s system when a person drives after having consumed alcohol. The difference between DUI and DWAI is the degree to which a driver’s ability to exercise good judgment is impaired. Driving While Ability Impaired is defined by consuming enough alcohol that it “affects the person to the slightest degree so that the person is less able than the person ordinarily would have been… to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.” DWAI is driving while affected to the “slightest degree” while a DUI involves driving while “substantially incapable.” Both DUI and DWAI are misdemeanors, but DWAI carries lower penalties than DUI – including less time at the Larimer County Jail, lower fines, less points against your license and less time engaging in community service.
What is Driving Under the Influence of Alcohol Per Se in Fort Collins?
If a Fort Collins Police Officer administers a breathalyzer to a driver and finds that his blood alcohol content, BAC, is 0.08 or greater, the driver will be charged with Driving Under the Influence of Alcohol Per Se. While DUI is usually charged based on how substantially a driver’s ability to exercise good judgment or physical control is impacted, DUI Per Se is automatically charged if a driver’s BAC is over 0.08. This is regardless of whether the person’s ability to drive was impacted “to a substantial degree.” In other words, even if a driver was not substantially impacted and could exercise some good judgment while driving, but his BAC was 0.08 or higher, he will still be charged with DUI Per Se.
Penalties for Driving Under the Influence of Alcohol in Larimer County
A defendant convicted of first offense Driving Under the Influence of Alcohol in Larimer County can face numerous penalties. These penalties may include:
- 5 days to 1 year in the Larimer County Jail
- A fine of $600 to $1,000
- Additional surcharges to fund programs that combat against driving under the influence
- License suspension for 9 months
- 48 to 96 hours of community service
- Mandatory appearance at a victim impact panel
- The requirement to have an Interlock device installed in your vehicle
Important to note is that these are only the minimum penalties that a defendant will face. Each penalty increases if a defendant had a BAC of 0.20 or greater, or has committed a second or subsequent offense. If the defendant commits additional DUI offenses, she may also be sentenced to alcohol classes, treatment and be required to have an ignition interlock device in her car. After a fourth offense, she will likely face time in the Colorado Department of Corrections for felony DUI.
If you are facing charges for Driving Under the Influence of Alcohol, you need not despair. A strategic criminal defense lawyer can defend you at the Larimer County Courts and fight to protect your future using one of many viable defense strategies. Don’t wait – the sooner you contact an experienced lawyer, the sooner you can have peace of mind, knowing your lawyer is working tirelessly to advocate for you.
Have you been charged with Driving Under the Influence of Alcohol? Be smart, and exercise your right to stay silent. Then, get in contact with a criminal lawyer with decades of experience at the O’Malley Law Office at (970) 658-0007 to schedule a free initial consultation. 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 Lisa Fotios