Driving Under the Influence is generally a misdemeanor offense in Fort Collins and Larimer County. However, with each DUI or DWAI conviction, the penalties increase and a fourth DUI or DWAI is charged as a felony. Let’s take a look at how the penalties increase with each alcohol related driving offense.
Loveland Felony DUI Defense Lawyer: What is Driving Under the Influence or Driving While Ability Impaired in Colorado?
The Loveland, 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.
The difference is the degree the alcohol or drug consumption affects the person:
(g) “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.
DUI is charged when the person is substantially incapable of safely operating a motor vehicle. The presumption is that a blood alcohol content (BAC) of .08 or higher would meet that standard. DWAI only has the person affected ‘to the slightest degree.’ A BAC of .05, but less than .08 would meet this standard.
Penalty for DUI and DWAI: A Fort Collins Felony DUI Lawyer Explains
Below are the ranges for jail or prison time based on the number of prior DUI or DWAI offenses:
Number of DUI / DWAI Offenses |
Larimer County Jail Time |
| First – DWAI | 2 – 180 days |
| First – DUI | 5 – 365 days |
| First – DUI or DWAI with BAC of 0.20 or more | 10 – 365 days |
| Second | 10 consecutive days – 365 days |
| Third | 60 consecutive days – 365 days |
| Fourth or subsequent | A person’s fourth or subsequent DUI or DWAI is charged as a class 4 felony. Conviction will result in 2 – 6 years in the Colorado DOC. |
If you or someone you love has been charged with Driving Under the Influence (DUI) or Driving While Ability Impaired (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.
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