Driving Under the Influence, DUI, is charged in Fort Collins and Larimer County when a person is accused of operating a vehicle while impaired by alcohol or drugs. Celebrating the new year coincides with drinking and partying for many people. While some transportation companies offered incentives like credits and free rides to keep anyone who chose to drink from driving, there were still quite a few DUI arrests in Larimer County alone over this holiday weekend. In reviewing booking reports for the last three days, there were 12 arrests for Driving Under the Influence, which is not a great way to start the new year. If you were charged with DUI or DWAI while celebrating the new year, you need an experienced attorney on your side.
Driving Under the Influence in Fort Collins: Definition of DUI and DWAI in Colorado
The Fort Collins, Larimer County, Colorado law definition of Driving Under the Influence and Driving While Ability Impaired – C.R.S. 42-4-1301 – is:
(b) 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); vehicular assault, as described in section 18-3-205 (1)(b); or any combination thereof.
Your blood alcohol content (BAC) is vital when determining if a person should be charged with DUI or DWAI. A BAC of more than .05 but less than .08 will result in a Driving While Ability Impaired (DWAI) charge. A BAC of .08 or more will result in a DUI charge.
Sentence for a New Year DUI in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, the penalties for a Driving Under the Influence or Driving While Ability Impaired charge will depend on the number of previous convictions. For example, if it is your first DUI case, you will face 5 days up to one year in the Larimer County Jail. However, if it is a third offense, then the minimum changes to 60 days up to one year in jail.
If you were charged with DUI or DWAI in the new year, be smart, exercise your right to remain silent, and contact the best criminal defense DUI 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 Anna Tarazevich