College football games generally means there will be tailgating, and where there is tailgating, there is alcohol. Colorado State University Rams are facing the Wyoming Cowboys this weekend and Wyoming police have already made statements regarding an increase in patrols looking for those Driving Under the Influence and Driving While Ability Impaired. Likely, Fort Collins police and the Larimer County Sheriff will follow suit and be on the lookout for drunk drivers following the game.
Larimer County Drinking and Driving Attorney: Definition of DUI and DWAI
The Larimer, Boulder, and Grand County, Colorado law definition of Driving Under the Influence and Driving While Ability Impaired – C.R.S. 42-4-1301 – is:
Driving while ability impaired means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, 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.
The difference between the DUI and DWAI definitions is the level of impairment. If through a blood or breath test and person has a BAC of .05-.79, then the charge would be Driving While Ability Impaired. If the person’s BAC is .08 or higher, then it is a DUI charge.
Sentence for a First Offense DUI or DWAI in Fort Collins
For a first offense, Driving While Ability Impaired and Driving Under the Influence are subject to the following sentencing ranges:
| Charge | Sentence | Fine | Driver’s License Suspension |
| DWAI | 2 – 180 days in Larimer County Jail, 24-48 hours of community service
|
$200 – $500 | 9 months |
| DUI | 5 – 365 days in Boulder County Jail, 48-96 hours of community service
|
$600 – $1,000 | 9 months |
If you or someone you love has been charged with Driving Under the Influence or Driving While Ability Impaired, 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. Together, we can protect your future.
Image Source: Pixabay-JanBaby