Loveland DUI Defense Lawyer
Woman Comes to Court Drunk for DUI Sentencing

A woman showed up drunk for her DUI sentencing in Colorado. If you've been charged with DUI, contact the O'Malley Law Office, today!

Driving Under the Influence (DUI) is charged in Loveland and Fort Collins when a person is accused of operating a vehicle while having alcohol in their system to the point it affects their ability to safely operate the vehicle. An attorney was recently sentenced on her third DUI in Colorado, but the sentencing was anything but routine. According to the report, the judge suspected that the woman was drunk at her court appearance. She was required to submit a PBT and her results were a .324. As a result, the judge sentenced her to three days of straight time in jail on top of her work release and probation sentence.

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What is Driving Under the Influence (DUI) in Larimer County?

Fort Collins Penalty for DUI: The Number of DUIs Matter!

What is Driving Under the Influence in Larimer County?

Located under Title 42 of the Colorado Revised Statutes, the crime of Driving Under the Influence – C.R.S. 42-4-1301 – is defined in Larimer County as:

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); vehicular assault, as described in section 18-3-205 (1)(b); or any combination thereof.

Further, the definition of the phrase ‘Driving Under the Influence’ is:

Driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, 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 consumption of alcohol or drugs, or combination, must render the person SUBSTANTIALLY INCAPABLE of safely operating a vehicle.

Fort Collins Penalty for Driving Under the Influence: The Number of DUIs Matter!

There are strict sentencing guidelines for DUI / DWAI convictions depending on the number of offenses. Here’s the breakdown of DUI penalties in Fort Collins and Loveland:

  • 1st Offense DWAI: 2 days – 180 days in the Larimer County Jail
  • 1st Offense DUI: 5 days – 1 year in the Larimer County Jail
  • 1st Offense DUI or DWAI with BAC of .20 or higher: 10 days – 1 year in the Larimer County Jail
  • 2nd Offense DUI or DWAI: 10 consecutive days – 1 year in the Larimer County Jail
  • 3rd Offense DUI or DWAI: 60 consecutive days – 1 year in the Larimer County Jail
  • 4th or subsequent DUI or DWAI: 2 – 6 years in the Colorado Department of Corrections (charged as a felony)

On top of the jail component, each level has a specific range for required community service hours and fines.


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 DUI 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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