If you’ve been arrested for a third DUI charge in Colorado Springs, you already have a good idea of how the system works. Drinking and driving is a serious issue. The criminal justice system deals with that reality by employing stringent enforcement measures. Sentencing for DUI convictions includes mandatory rehabilitation efforts, but it also stresses punishment. If you are convicted of a third DUI, your sentence will include jail time, fines, education, public service, and a probation period. These outcomes will create a public record that will follow you for the rest of your life.
If you’ve been arrested for a third DUI, you need a DUI criminal defense attorney working to minimize the consequences. Even if this is your third encounter with DUI prosecution, an attorney can help you through the process.
C.R.S. 42-4-1301 describes Colorado’s DUI-related statutes. To charge a driver with a DUI crime, a law enforcement officer need only observe and conclude that he or she is under the influence of drugs or alcohol. Testing confirms those observations and supports the charge.
When a court convicts you of a third DUI crime, it’s still considered a misdemeanor. It becomes a felony if your DUI arrest involves vehicular assault or vehicular homicide. Punishments described under C.R.S. 42-4-1301, are more severe with each subsequent conviction.
If you have had multiple DUI convictions, an alcohol test refusal, or a high BAC, the court can designate you a Persistent Drunk Driver as defined by C.R.S. 42-1-102 (68.5 (a).
PDD penalties are in addition to other penalties for DUI or DWAI convictions.
C.R.S. 42-4-1301, Part III Prior Convictions,
Colorado DUI statutes have no specific lookback period. Under discretion granted by C.R.S. 42-4-1301, courts can consider any prior conviction on your record, including any convictions out of state. Courts use criminal histories as a “sentence enhancer.” When they look back and locate a history of prior DUIs, they can sentence even a first-time DUI conviction as a Class 4 Felony.
Colorado’s DUI and DWAI statutes, C.R.S. 42-4-1301, are essentially the same. Each term describes a law enforcement officer’s observations as to the degree of alcohol and/or drug impairment.
In Colorado’s DUI statutes, the terms “substantially incapable” and “in the slighted degree” describe an alcohol-impaired driver’s mental and physical ability to exercise clear judgment, physical control, and due care in operating a vehicle safely. DWAI is a lesser charge than DUI.
When a driver has three or more DUI convictions, they receive a mandatory 2-year license revocation. A driver may reapply for a restricted license after complying with Colorado DMV requirements.
After one year of operating a vehicle with a restricted license, a driver may reapply for a regular license.
When you’re charged with a 3rd DUI in Colorado, you need a lawyer who is familiar with the laws and knows how the court system works. DUI attorneys work with you to help you establish a strong defense. Even if you believe that a conviction is inevitable, an attorney can help you fight for a lesser charge, a reduced sentence, or another more favorable outcome. Contact us right away for a free case consultation.
We have conveniently located offices in Colorado Springs, Highlands Ranch and Castle Rock.
Colorado counties we serve: Arapahoe, Douglas, El Paso, Fremont, Jefferson, Pueblo, and Teller.
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The penalty for your 3rd DUI in Colorado will likely depend on the factors of your individual arrest. Penalties will likely include jail time, suspension of driving privileges, fines, ignition interlock requirement, and community service.
Jail time for a 3rd DUI in Colorado can vary depending on the particular circumstances. Usually, a 3rd DUI will mean a minimum of 60 days in jail.
A DUI will stay on your record for ten years in Colorado. That being said, Colorado has no official “look-back” period, meaning that if you get a DUI 11 years after your first DUI, it will still be considered a subsequent DUI.
