Colorado has a greatly varied sentencing structure for driving under the influence (DUI) convictions. Obviously, one of the biggest factors affecting a drunk driving sentence is the number of times someone has been previously convicted of a DUI crime.
If an individual is convicted for the first time of DUI, the sentence is at least five (5) days but no more than one year incarceration in the county jail.[i] However, the law does include a provision for what is best described as excessive intoxication. If the defendant’s blood alcohol content (BAC) was 0.20 or higher when obtained by law enforcement on a first offense, the sentence for a resulting DUI conviction is at least ten (10) days but no more than one year in the county jail.[ii] A judge has the discretion to sentence a defendant to alternatives under § 18-1.3-106, such as work release or continuing education, to minimize the impact of incarceration.
If a person is convicted for a second DUI crime, the sentence is at least ten (10) days but no more than one year’s imprisonment in the county jail.[iii] This sentence, at the judge’s discretion, is again subject to certain sentencing alternatives such as day release for work or education, for example.[iv]
If the defendant is facing his or her third DUI conviction, Colorado law specifies the person will spend at least sixty (60) days but no more than one year imprisoned in the county jail.[v] In this situation, the judge is not permitted to consider sentencing alternatives specified in § 18-1.3-106 except for very specific work release programs and community corrections placement alternatives (if offered by the county where the conviction rests).[vi]
A defendant’s situation gets far more serious if he or she is charged with felony DUI in Colorado. Felony DUI is defined as three or more prior convictions for driving under the influence; DUI combined with vehicular homicide; and/or DUI also charged with vehicular assault.[vii] This is a class four felony and the defendant can be sentenced to two (2) to six (6) years imprisonment plus three (3) years of mandatory parole.[viii] The judge may direct this sentence be served in the state prison system.[ix]
The law, however, does provide for a felony DUI sentence to be served in a county jail when combined with probation.[x] In this probated sentence situation, the defendant will be incarcerated for one of two options: 1) at least 90 but no more than 120 days in jail, or 2) 120 days but no more than two years.[xi] What is the major factor determining whether a person receives 90 – 120 days or 120 days – two years? That factor is if the judge allows the defendant to participate in sentencing alternatives under § 18-1.3-106. If an individual is allowed to participate in a sentencing alternative program (such as day release to attend work), he or she is subject to the longer period of incarceration. The typical length of a felony DUI probation sentence is two (2) to four (4) years.
The reader is advised that the information outlined above does not discuss other issues that will be part of the sentence, such as fines, court costs, community service, and (except where discussed above) probation. It also does not discuss sentences for driving while ability impaired (DWAI), which is generally recognized as a less severe charge than DUI. What should be obvious to the reader is that sentencing after a DUI conviction is very complicated, highly technical and should not be managed by someone without appropriate experience in Colorado law on the subject.
Please contact Mile High Legal if you are facing a DUI charge. The possible penalties are significant and require the expertise we offer.
[i] § 42-4-1307(3)(a)(I), C.R.S.
[ii] § 42-4-1307(3)(b), C.R.S.
[iii] § 42-4-1307(5)(a)(I), C.R.S.
[iv] Id.; see also § 18-1.3-106, C.R.S.
[v] § 42-4-1307(6)(a)(I), C.R.S.
[vi] Id.
[vii] § 42-4-1301(1)(a), C.R.S.
[viii] § 18-1.3-401(1)(a)(V.5)(A), C.R.S.
[ix] § 42-4-1307(6.5)(d), C.R.S.
[x] § 42-4-1307(6.5)(b), C.R.S.
[xi] § 42-4-1307(6.5)(b)(I) and (II), C.R.S.
