Driving Under the Influence (DUI) and Driving While Ability Impaired (C.R.S. 42-4-1301) in Fort Collins are traffic offenses relating to a person who is charged with Drinking, or using drugs, while driving. A conviction for an alcohol traffic offense can cost you your job, your car, and your livelihood. In Larimer, Weld, and Routt County, DUI charges require the help of an attorney who knows how to fight against the government.
Fort Collins Driving Under the Influence Attorney: DUI / DWAI Differences and Similarities
The difference between the two charges is based upon the amount of alcohol in the person’s system at the time of the alleged offense. In order for an adult over the age of 21 to be charged with a DUI, the person’s blood alcohol content (BAC) must measure 0.08 or above. A DWAI BAC ranges from below 0.08 to 0.05. If the BAC is less than 0.05, then there is a presumption that the person was not Driving Under the Influence.
In a first offense, a DWAI is a lesser charge than a DUI. This includes less jail time, community service, fines, and other potential penalties.
If someone is convicted of a second alcohol related driving offense then a driving while ability impaired conviction is handled the same way as a driving under the influence conviction by the courts in Fort Collins, Loveland, and Greely. Essentially, there will be the same punishment no matter the level of the alcohol related driving offense.
DUI Can Have Life Altering Punishments: Why You Need an Experienced Larimer County DUI Lawyer
Driving Under the Influence convictions have several different punishments that will affect your life. The strictest punishment is the jail time that is imposed. There is a minimum mandatory jail sentence that has to be served with any conviction for a DUI or DWAI. The range of days in jail can vary from:
2 days to one year in the Larimer County jail.
With each subsequent conviction for these traffic offenses, the minimum mandatory amount of days in jail increases from:
5 days for a first offense
10 days for a second offense
60 days for any more offenses
Other punishments include:
several hours of community service
probation for at least one year, DUI and DWAI alcohol education and therapy classes
attendance at a victim impact panel hosted by MADD (Mothers Against Drunk Driving), and
Another way that an alcohol related traffic offense can affect your life is through the Department of Motor Vehicles (DMV). If you are convicted, you will lose your license to drive in the State of Colorado for a period of time. The amount of time will be dependent on your BAC, prior convictions, and your decision on whether to take an Express Consent blood or breath test.
Larimer County Driving While Ability Impaired Lawyer: Charged with a DUI / DWAI in Fort Collins?
It is vital for your future that you contact an experienced Larimer County DUI Lawyer to fight on your behalf. Exercise your right to remain silent, and do not speak with the police or investigators about your case. Contact us for a free initial consultation.
If you are charged with a alcohol related driving offense, be smart, exercise your right to remain silent, and call an experienced Larimer County DUI lawyer at the O’Malley Law Office at 970-658-0007 today, or submit the “Get Help Now” form. Together, we can protect your future.
- Learn more about Driving Under the Influence of Alcohol (DUI)
- Learn more about Driving While Ability Impaired (DWAI)
- Refuse Roadside Tests: Here’s Why
- Visit the Mother’s Against Drunk Driving (MADD) Website
- Colorado Division of Motor Vehicles Website
- Read our top 10 DUI facts
- Learn more about DMV Hearings