In Colorado, the penalties for a second driving under the influence (DUI) conviction are significant. It should come as no surprise that the ramifications are far greater than after a person’s first conviction. The law views offenders who incur a second drunk driving conviction as obviously not learning from the first experience and earning far stiffer punishment in turn.
Any person in Colorado convicted of a second DUI is subject to a mandatory sentence of at least ten (10) days but no more than one year imprisonment in the county jail.[i] However, the judge has the option of providing sentence alternatives for this jail time (such as work release, attending school, seeking medical treatment, etc.) during necessary and reasonable times of incarceration.[ii] This means an incarcerated person can still remain employed or attend school, but has to return to the jail during hours those activities are not occurring.
That said, if the previous DUI conviction happened within five (5) years of the new one, many of the sentence alternatives go away by statute, and the judge only has discretion to allow this alternative for employment, education and/or attending specific drug or alcohol programs.[iii]
The second time DUI offender will also receive at least two years probation.[iv] The probation sentence will likely include requirements such as regularly reporting to a probation officer for monitoring, completing urine tests for the presence of drugs and/or alcohol, finishing drug or alcohol treatment, maintaining gainful employment, and others. Probation will also likely include that the second time offender refrain from excessive alcohol use and all controlled substances.[v] The court also has the authority as part of probation for a second DUI conviction to require the individual to install an interlock device on his or her vehicle’s ignition (which prevents the car from starting when any alcohol is present on one’s breath).[vi]
Colorado law also automatically labels someone who has multiple DUI convictions (such as two) as a “persistent drunk driver.”[vii] A persistent drunk driver will have his or her license revoked unless and until an interlock device is placed on the ignition for two years[viii]; the second time DUI driver obtains SR-22 insurance coverage (which is basically proof of financial responsibility) for two years[ix]; and he or she completes a level two alcohol and drug education and treatment program.[x]
As one can see from the information above, the potential penalties are many and steep for ending up with two DUI convictions in Colorado. The major one, of course, is the jail time – it starts at ten days but can be as much as a year. Even if a judge picks a number in the middle – six months, for example – this is a major imposition in one’s life.
If faced with this prospect, you should consider contacting Mile High Legal for help as soon as possible. We have extensive experience negotiating with the prosecution over the terms and conditions of a second DUI conviction. We will do our best to minimize the effects of your mistake to the best of our abilities.
[i] § 42-4-1307(5)(a)(I), C.R.S.
[ii] § 18-1.3-106, C.R.S.
[iii] § 42-4-1307(5)(b), C.R.S.
[iv] § 42-4-1307(5)(a)(IV), C.R.S.
[v] § 18-1.3-204(2)(a)(VIII), C.R.S.
[vi] § 42-4-1307(7)(b)(V), C.R.S.
[vii] § 42-1-102(68.5)(a)(I), C.R.S.
[viii] § 42-2-132.5, C.R.S.
[ix] § 42-7-406(1.5), C.R.S.
[x] § 42-2-126(4)(d)(II), C.R.S.
