DUI Cases in Weld County
Weld County DUI cases are filed at the Weld County Courthouse, 901 9th Avenue, Greeley, CO 80631, in the 19th Judicial District. Weld County's District Attorney's Office has long had a reputation as one of the most aggressive in the state on DUI cases — plea offers tend to be tighter and trial postures harder than in metro counties. That makes a fully-prepared defense, with motions to suppress and a trial-ready case file, essential.
Stops cluster on I-25 (especially the Berthoud–Mead–Johnstown corridor), I-76, US-34 between Greeley and Loveland, US-85 (the oil-and-gas corridor), and US-287. Greeley Police, Windsor Police, Evans Police, the Weld County Sheriff, and Colorado State Patrol all charge into the Greeley courthouse. CDL-holding oilfield drivers are well-represented in the county's DUI docket and face additional license consequences from a single conviction.
OverviewWhen a DUI Arrest Happens, Two Cases Start at Once
A Weld County DUI arrest triggers two parallel proceedings: a criminal case in Weld County Court or District Court, and a civil express-consent revocation before the Colorado Division of Motor Vehicles. Each has its own timeline, evidence standard, and strategy. Miss the DMV hearing window — just seven days from the date of your notice — and you may lose your license regardless of the criminal outcome.
Daniel H. Kyser handles both. He has defended Colorado DUI and DWAI charges in every metro-area county plus courts across the state, from Gunnison to Greeley, Fort Collins to Pueblo.
Types of Cases Handled
- First-offense DUI and DWAI (misdemeanor)
- Second and third DUI/DWAI (enhanced mandatory-jail cases)
- Felony DUI (fourth or subsequent conviction — C.R.S. § 42-4-1301)
- Underage drinking and driving (UDD)
- Marijuana and combined-drug DUI
- Prescription-medication impairment cases
- Refusal cases & implied-consent DMV hearings
- Vehicular assault & vehicular homicide
- Commercial driver (CDL) DUI and out-of-state license defense
Penalties at a Glance
Colorado's penalty scheme is driven by prior history and BAC. General ranges include:
- DWAI (1st): up to 180 days jail, up to $500 fine, 8 DMV points, possible probation and classes.
- DUI (1st): 5 days to 1 year jail (suspendable), $600–$1,000 fine, 9-month license revocation, interlock.
- DUI (2nd): 10 days mandatory jail (no suspension), 1-year license revocation, 2-year interlock, alcohol monitoring.
- DUI (3rd): 60 days mandatory jail, 2-year revocation, extended interlock, probation.
- Felony DUI: class 4 felony, 2–6 years prison presumptive (with mandatory aggravators possible).
Defense Strategies
A disciplined DUI defense attacks each link in the prosecution's chain:
- Stop: Was the initial traffic stop supported by reasonable suspicion?
- Investigation: Were roadside maneuvers properly instructed, performed on suitable terrain, and scored correctly under NHTSA standards?
- Arrest: Did the officer have probable cause — not just suspicion?
- Chemical test: Was the Intoxilyzer 9000 or blood draw conducted within the statutory two-hour window? Was the testing agency accredited? Were the operator certifications current?
- Disclosure: Did the prosecution timely disclose maintenance records, calibration logs, and officer body-worn camera?
Frequently Asked Questions
Where will my Weld County DUI case be heard?
Weld County DUI cases are filed at the Weld County Courthouse at 901 9th Avenue in Greeley. Misdemeanor DUI/DWAI charges are heard in Weld County Court; felony DUI and vehicular cases proceed in Weld County District Court. Some city-ordinance violations are handled in the local municipal court (Greeley, Windsor, Evans, etc.).
Why is Weld County considered tough on DUI cases?
The 19th Judicial District DA's Office has a long-standing reputation for limited plea flexibility and a strong willingness to take DUI cases to trial. That doesn't mean cases can't be won — it means the defense work has to be done thoroughly: discovery motions, suppression motions, expert review of chemical testing, and a credible trial posture from day one.
What is the difference between a DUI and a DWAI?
A DUI requires substantial impairment or a BAC of 0.08% or more. A DWAI is impairment "to the slightest degree," typically with a BAC between 0.05% and 0.079%. DWAI is a lesser offense but still carries jail, points, and probation exposure.
When does a DUI become a felony in Colorado?
A fourth or subsequent DUI/DWAI conviction is a class 4 felony under C.R.S. § 42-4-1301. DUIs involving serious bodily injury or death are separately charged as vehicular assault or vehicular homicide, which are always felonies.
Can I keep driving with an interlock device?
In most first-offense cases, drivers can apply for an early reinstatement with an ignition-interlock device after an initial no-drive period. The specifics depend on BAC, refusal status, and prior history. CDL holders face separate, stricter consequences.