Colorado DUI: Consequences of a Second DUI
Colorado takes the crime of driving under the influence very seriously, especially if you have a prior DUI conviction.
The first time you commit a crime, you’re given a punishment. That punishment is supposed to act as the deterrent. If you then commit the same crime again, there’s a presumption that the punishment didn’t deter you from behaving the way you did. As a result, the punishment is increased. Because of this, the penalties for a second DUI conviction in Colorado are more harsh than the penalties imposed for a first offense.
DUI Penalties – Second Offense
- Jail – Minimum ten days to maximum one year
- Suspended Jail – one year
- Fine – Minimum $600 to maximum $1500
- Community Service – Minimum 48 hours to maximum 120 hours
- Probation – Minimum two years to maximum four years
In some states after a certain amount of time the offense no longer shows up on your driving record and this period of time is referred to as a “look back” period. Colorado has no look back period when it comes to DUI convictions. Even if your first DUI was 10, 15, or even 20 years ago, you would be considered a repeat offender and second offense DUI penalties will apply.
That being said, in cases where the first DUI conviction occurred more than five years ago, the judge may substitute alternative sentences, such as In Home Detention, for the mandatory minimum ten days in jail. However, where the first DUI conviction occurred less than five years ago, a minimum of ten consecutive days in jail must be served. It should be noted that many Colorado judges impose more than a ten-day jail sentence for a second DUI, no matter when the first conviction occurred.
Furthermore, no matter when the first offense occurred, the judge will also impose a suspended one-year jail sentence. If you fail to meet the conditions of your probation or fail to complete any required court ordered alcohol or drug treatment program or classes, you can be arrested and have to serve this suspended jail sentence.
A second Colorado DUI conviction also brings you one step closer to being designated a Habitual Traffic Offender. Per Colorado law, three convictions for major traffic offenses, including DUI, within a seven year period will result in a driver being labeled a Habitual Traffic Offender and result in a license revocation of five years. Furthermore, a conviction of driving as a habitual offender will result in a jail sentence of up to 18 months, a fine of up to $5000, and an additional one-year license suspension.
A second DUI conviction in Colorado is a serious matter. You may not have faced the maximum penalties in your first DUI because the judge took mitigating factors, like a clean criminal record and treatment which you completed, into consideration when sentencing you.
Contact Us For A Free Consultation
The significant penalties associated with a second DUI conviction require an attorney with extensive DUI defense experience. Ann Toney is an expert in Colorado DUI laws, and her practice focuses solely on DUI and DWAI cases. Contact her for a free, confidential consultation at 303-399-5556, or through her online contact page.