Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI) is charged in Fort Collins and Larimer County when a person is accused of operating a motor vehicle after drinking or using drugs. Blood Alcohol Content (BAC) is extremely important in alcohol related driving offenses. You might think anything over the legal limit would result in the same consequences, but that is absolutely not the case in Larimer County and across Colorado. Let’s look at how different BACs can affect sentencing ranges with the Larimer County Court and your license status with the DMV.
Loveland DWAI Attorney: BAC Ranges for a Driving While Ability Impaired Offense
The BAC range for a Driving While Ability Impaired offense is .05 – .07. For a first offense DWAI, the sentencing ranges are as follows:
- 2 – 180 days in the Larimer County Jail (the jail portion can be suspended, meaning as long as you did everything you needed to do on probation, you would serve no time in the Larimer County Jail);
- 24 – 48 hours of Useful Public Service; and
- Up to 2 years of probation.
Driving Under the Influence Attorney in Fort Collins: When is DUI Charged in Colorado?
The BAC range for a DUI is .08 or higher. The penalty for a first offense Driving Under the Influence conviction are as follows:
- 5 days – 1 year in the Larimer County Jail (incarceration can be suspended);
- 48 – 96 hours of Useful Public Service; and
- Up to 2 years of probation.
Colorado DUI Excess BAC Lawyer: BAC of .20 or Higher Means Mandatory Jail
If a person charged with Driving Under the Influence has a BAC of .2 or higher, this is considered an aggravated DUI, meaning the sentence is harsher. If a person is facing a DUI – 1st with a BAC of .20 or greater, then the sentence range is as follows:
- 10 days – 1 year in the Larimer County Jail (incarceration CANNOT be suspended – there is a mandatory minimum of 10 days in jail for this offense);
- 48 – 96 hours of Useful Public Service; and
- Up to 2 years of probation.
Colorado DMV Consequences for Different BAC Levels with DUI and DWAI
There are very specific requirements involving license suspension and reinstatement depending on a person’s BAC:
- DWAI 1st: 8 points meaning no automatic suspension of your license. However, if you already have points on your license when you get the DWAI, you can still get a points suspension on your license.
- DUI 1st with BAC .08 – .149: 12 points meaning an automatic revocation of your license. You can early reinstate immediately upon the revocation with an installed interlock device (to remain on your vehicle for 120 days with no failed results), SR-22 insurance, and proof of enrollment in Alcohol Education.
- DUI 1st with BAC .15 or higher: A BAC of .15 or greater is labeled Persistent Drunk Driver (PDD). You will face a license suspension and can reinstate immediately upon the revocation but in order to reinstate, you have to have an ignition interlock device installed (to remain on your vehicle for 2 years), SR-22 insurance, and proof of enrollment in Alcohol Education. The difference with the Persistent Drunk Driver designation is the length of time you must have an interlock device on your vehicle.
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 a free initial consultation. Together, we can protect your future.
Photo by Photo By: Kaboompics.com