DUI Defense Attorney Near Me in Fort Collins
Larimer County Creates R.A.I.D. Team to Decrease Impaired Driving

A new group deemed the R.A.I.D Team has been formed in Larimer County and their sole purpose is to Remove All Impaired Drivers. Read more here.

DUI or Driving Under the Influence is charged in Fort Collins and Larimer County when a person is accused of operating a motor vehicle while influenced by drugs or alcohol. Larimer County is now the hub for the first team specifically formed to catch impaired drivers. The R.A.I.D (Remove All Impaired Drivers) team will consist of officers from the Loveland Police Department, Larimer County Sheriff’s Office, and Windsor Police Department. They will receive special training for drug recognition and extra funding for equipment. When these officers working, their sole focus will be stopping impaired drivers – they will not respond to other law enforcement related calls like Assaults or Domestic Violence issues.

Larimer County R.A.I.D. Team Driving Under the Influence Lawyer: Definition of DUI and DWAI

The Larimer County, Colorado law definition of Driving Under the Influence – C.R.S. 42-4-1301(1)(a) – is:

A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence. Driving under the influence is a misdemeanor, but it is a class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1)(b), C.R.S.; vehicular assault, as described in section 18-3-205 (1)(b), C.R.S.; or any combination thereof.

Driving While Ability Impaired – C.R.S. 42-4-1301(1)(b) – is:

A person who drives a motor vehicle or vehicle while impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs, commits driving while ability impaired. Driving while ability impaired is a misdemeanor, but it is a class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1)(b), C.R.S.; vehicular assault, as described in section 18-3-205 (1)(b), C.R.S.; or any combination thereof.

The difference between these two charges is level of impairment. A person’s blood alcohol content (BAC) is what generally determines impairment. A person is considered under the influence if their BAC is a .08 or higher. A person is considered impaired if their BAC is more than .05 but less than .08.

Sentence for Driving Under the Influence and Driving While Ability Impaired

Here is a chart that outlines the potential sentences for a DUI or DWAI charge if you are caught by the R.A.I.D. Team:

Offense

Sentence

First offense – DUI 5 days to 1 year in Larimer County Jail

48 – 96 hours of community service

First offense – DWAI 2 to 180 days in Larimer County Jail

24 – 48 hours of community service

First offense – DUI (BAC .20 or higher) 10 days to 1 year in Larimer County Jail

48 – 96 hours of community service

First offense – DWAI (BAC .20 or higher) 10 days to 1 year in Larimer County Jail

24 – 48 hours of community service

Second offense 10 days to 1 year in Larimer County Jail

48 – 120 hours of community service

Third or subsequent offense 60 days to 1 year in Larimer County Jail

48 – 120 hours community service

Fourth or subsequent offense 2 – 6 years in the Department of Corrections

48 – 120 hours of community service

If you or someone you love has been charged with DUI or DWAI, 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 your free consultation today. Together, we can protect your future.

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