Being charged with Driving Under the Influence / DUI in Fort Collins, Colorado is not a rare occurrence. People frequently consume alcohol at a bar in Old Town and then try to drive, only to be pulled over and criminally charged. We also often see students at Colorado State University charged with this offense when they overestimate their ability to safely drive after having a few beers at a party. Yet despite how commonplace DUI charges are, it is essential that you not underestimate how serious this offense is. Driving Under the Influence of alcohol or drugs can be a misdemeanor or felony offense in Colorado, and always comes with serious penalties when a defendant is convicted. Read below as our best criminal defense lawyers discuss misdemeanor vs. felony Driving Under the Influence charges at the Larimer County Courts:
1. Colorado’s Law on Driving Under the Influence, C.R.S. 42-4-1301 in Fort Collins
Colorado’s law on Driving Under the Influence, C.R.S. 42-4-1301, as recognized in Fort Collins, is as follows:
(f) “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.
In other words, Driving Under the Influence is charged when a driver:
- Has consumed alcohol, marijuana, another substance, or a combination;
- Is then “substantially incapable” to “exercise clear judgment, sufficient physical control, or due care” while driving due to consumption of that substance.
2. Misdemeanor vs. Felony DUI at the Larimer County Courts – What’s the Difference?
At the Larimer County Courts, DUI can be charged as a misdemeanor or felony, depending on the defendant’s number of prior offenses. Driving Under the Influence is a misdemeanor offense for a defendant’s first 3 convictions. After that, the fourth or subsequent conviction is then a class 4 felony, which significantly increases the penalties.
However, important to know is that DUI doesn’t become a felony strictly for previous Driving Under the Influence convictions. It becomes a class 4 felony after 3 or more convictions of Driving Under the Influence or Driving While Ability Impaired / DWAI. What that means for you is that if you have had 3 previous DWAI convictions on your record and you are now facing a new DUI charge, you will be facing felony DUI charges at the Larimer County Courts.
3. What are the Penalties for a Misdemeanor vs. Felony DUI Conviction in Loveland and Estes Park?
Penalties for a DUI conviction in Loveland and Estes Park depend on several different factors. These factors include whether it was the defendant’s first or subsequent offense, his Blood Alcohol Content / BAC level at the time of the offense, and several others. To provide a picture of the potential penalties for a conviction of misdemeanor vs. felony DUI, below is a comparison between the two:
Misdemeanor: First Offense |
Felony: Fourth or Subsequent Offense |
| · 5 days – 1 year in the Larimer County Jail· 48 – 96 hours of community service· Fine of $600 – $1,000· Additional surcharges to fund that combat drunk driving
· Appearance at a victim impact panel · License suspension for 9 months |
· 2 – 6 years in the Colorado Department of Corrections / DOC· 3 years of mandatory parole after the prison sentence· 48 – 120 hours of community service· Participation in alcohol education / therapy· Fine of $2,000 – $500,000
· Additional surcharges to fund programs that combat drunk driving · Appearance at a victim impact panel · License suspension for 2 years · Ignition interlock device + SR-22 insurance after license suspension period is complete |
Whether you are facing misdemeanor or felony DUI charges, the penalties are too costly. Don’t risk going to the Larimer County Courts alone, and talk to a top criminal defense lawyer today.
Have you been charged with Driving Under the Influence? Do not talk to any law enforcement officers, including the Fort Collins Police or Larimer County Sheriff. Then talk to a top criminal defense lawyer with decades of experience at the O’Malley Law Office today at (970) 658-0007 to discuss your charges. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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