Penalties for a Second DUI in Colorado

The penalties for driving while under the influence (DUI) in the State of Colorado are severe. However, if you are charged a second time with a DUI in Colorado, the penalties will increase substantially. Here are some commonly asked questions regarding the penalties for a second DUI conviction in Colorado.

What are the Second DUI Penalties?

A second DUI conviction in the State of Colorado is still considered a misdemeanor. However, if any bodily injury or death occurs due to an accident while a driver is under the influence of drugs or alcohol, the charge will become a felony.

The penalties for a second DUI may include up to one year in jail, fines up to $1,500, suspension of driver’s license for one year, community service up to 120 hours, probation up to four years, and the requirement to attend education (either alcohol or drug) classes.

It is important to note that jail time is mandatory for a second DUI conviction. Additionally, a driving under the influence charge includes both intoxications from alcohol as well as driving under the influence of marijuana. While Colorado has made recreational use of marijuana legal, there is a presumption that a driver is under the influence of marijuana if tests reveal five nanograms or more of THC in a person’s system.

How Long Does the State of Colorado Look Back Regarding DUIs?

There is no limit to the amount of time the State of Colorado looks back with reference to DUIs. This means that if you were convicted of a DUI decades ago, the state will still consider that a prior DUI. However, if there is a substantial period between DUIs, a judge may grant more leniency with respect to sentencing. Visiting with an experienced defense attorney can help ensure your legal rights are protected.

Do DUIs in Other States Count?

Yes. Any DUI in any other state at any other time will count as a prior DUI charge for purposes of charging and sentencing in the State of Colorado.

Is There Any Way to Get My Driver’s License Back Earlier Than One Year?

Yes. If you serve a minimum of one-month revocation of your license and need to drive to either work or school, you must complete an application for reinstatement, pay the reinstatement filing fee, provide an SR-22 which is a form from an automobile insurance company, complete (or enroll) in a Level II Alcohol or Drug Education and Treatment class, and have an ignition interlock device installed on your car for two full years.

Can I Avoid Jail Time for a 2nd DUI in Colorado?

Facing a second DUI charge in Colorado can be extremely stressful, especially considering the potential for increased penalties compared to a first offense. Many individuals wonder if there are ways to avoid jail time with a 2nd DUI. While the severity of penalties for a second DUI can be significant, certain factors and legal strategies can potentially mitigate the consequences.

Mitigating Factors and Legal Strategies

Legal Counsel: One of the most important steps to take when facing a second DUI charge is to find legal representation. A knowledgeable DUI defense attorney can assess the specifics of your case, identify any potential defenses, and advocate on your behalf in court.
Pretrial Diversion Programs: In some cases, individuals charged with a second DUI may be eligible for pretrial diversion programs. These programs typically involve completing substance abuse treatment, attending educational classes, performing community service, and meeting other requirements set by the court. Successful completion of such programs may result in reduced charges or penalties.
Negotiation with Prosecution: Your attorney may negotiate with the prosecution to pursue alternative sentencing options instead of jail time. This could involve agreeing to stricter probation terms, increased community service hours, or participation in rehabilitation programs in exchange for reduced or suspended jail sentences.
Demonstrating Rehabilitation Efforts: Taking proactive steps to address any underlying issues related to substance abuse can also work in your favor. This may include voluntarily seeking treatment, attending support groups, and providing evidence of ongoing sobriety and rehabilitation efforts to the court.
Presenting Mitigating Factors: Your attorney can also present mitigating factors to the court that may influence sentencing decisions. This could include factors such as a lack of prior criminal history, involvement in the community, employment stability, and family responsibilities.

While facing a second DUI charge in Colorado carries significant consequences, there may be potential avenues for minimizing or avoiding jail time. However, every case is unique, and the outcome will ultimately depend on the specific circumstances and legal strategies employed.

Plea Bargains for 2nd DUI in Colorado

When charged with a second DUI charge in Colorado, exploring plea bargains can be a critical aspect of your defense strategy. Plea bargaining involves negotiating with the prosecution to reach a mutually acceptable agreement, sometimes resulting in reduced charges or penalties. Here’s what you need to know about plea bargains for second DUI offenses in Colorado:

Benefits of Plea Bargains

Reduced Charges: Prosecutors may agree to reduce the charge from a second DUI to a lesser offense, such as reckless driving, which carries less severe penalties.
Lower Penalties: In exchange for pleading guilty or no contest to a lesser charge, the prosecution may recommend lighter penalties, such as reduced fines or a shorter license suspension period.
Avoiding Jail Time: Depending on the circumstances of your case, a plea bargain could potentially result in avoiding or minimizing jail time, allowing you to serve alternative sentences such as probation or community service.

Factors to Consider

Strength of Evidence: The strength of the prosecution’s case against you may influence their willingness to negotiate a plea bargain. If the evidence against you is weak or there are legal issues with the case, the prosecution may be more inclined to offer a favorable plea deal.
Prior Criminal History: Your prior criminal history, including any previous DUI convictions, will be taken into account during plea negotiations. A clean record or limited prior offenses may strengthen your position during bargaining.
Defense Strategy: The effectiveness of your defense strategy, as well as the arguments presented by your attorney, can impact the outcome of plea negotiations. A strong defense may compel the prosecution to offer a more favorable plea deal.

Consultation with a Defense Attorney

Before considering a plea bargain, consult with an experienced DUI defense attorney who can assess the specifics of your case and advise you on the best course of action. Your attorney will review the evidence, evaluate potential defense strategies, and negotiate with the prosecution on your behalf to secure the most favorable outcome possible.

Contact an Experienced DUI Defense Attorney

If you are facing a second DUI charge in the State of Colorado, you need to immediately contact our experienced Boulder DUI attorney to help you build a strong defense. We have more than 35+ years of experience working with the Colorado courts to minimize charges and provide the best outcome possible within the laws.

Contact The Moorhead Law Group at 303-447-1400 or online today for a free consultation to discuss your legal options.

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