Driving Under the Influence is charged in Fort Collins and Larimer County when a person is suspected of having alcohol or drugs in their system while operating a motor vehicle. While we have heard many different explanations and excuses for justifying or excusing DUI allegations, this one might take the cake. A woman was arrested and charged with Driving Under the Influence after she reportedly let a bar, took five times to get her car out of the parking lot, turned onto a sidewalk and crashed into a bus stop. She did make it home and was contacted by law enforcement there. The noted the damage to her car and when she answered the door, she claimed that her dog Lily was the one driving. Um, really? She could have claimed that a friend was driving her car or something a little more believable, but – her dog? Not to mention, less than a year ago, she had been convicted of a Driving Under the Influence offense, meaning if this had occurred in Colorado, she would be facing harsher penalties.
Second Offense DUI in Larimer County: 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:
Driving under the influence means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person 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.
In Colorado, if a person’s BAC is .08 or higher, they will be facing a DUI charge. This information can be obtained through a blood or breath test, which you are required to submit to if a Fort Collins police officer or Larimer County Sheriff deputy find probable cause to arrest you on suspicion of Driving Under the Influence. They will give you the choice of blood or breath if alcohol is the suspected substance. However, if they suspect drugs are the cause of the impairment, then a blood test will be required.
Sentence for Second Offense DUI in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, a second offense DUI is treated more seriously than a first offense, so the punishments are harsher. A person convicted of a second offense DUI must serve at least 10 days in the Larimer County Jail, but could be sentenced up to 1 year. They will also be required to complete 48 to 120 hours of community service.
If you or someone you love has been charged with a DUI, 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.
Photo by Quang Nguyen Vinh