If you have received a 2nd DUI in the State of Colorado, you may have questions about what will happen next. You are probably aware that Colorado has passed updated legislation when it comes to dealing with driving under the influence and are wondering how these relatively new laws will impact your case. You may also have questions about what impact this arrest and the subsequent outcomes will have on your day-to-day life including whether you will be able to retain the ability to drive and if you will face jail time.
If you’re facing a second DUI charge in Colorado, it is important that you know exactly what to expect and how to get the help that you need.
The State of Colorado has passed multiple pieces of legislation aimed at reducing driving under the influence in recent years. Most notably, a significant overhaul of the laws in 2015 put new sentencing requirements into effect. Then, in 2017, another law was passed to close a loophole that had some convicted of DUI receiving much stiffer punishments — including lengthy prison sentences — while others were receiving far fewer consequences.
This legislation has changed the way that multiple DUI convictions are handled by the State of Colorado. This means that drivers who receive a 2nd DUI in Colorado have additional considerations to take when it comes to understanding their next steps.
Under current legislation, a second DUI in Colorado results in harsher penalties than the first, but it does not reach the level of a felony on its own. Like the first DUI offense, a second DUI conviction is considered a misdemeanor.
The threshold used to determine a second DUI is the same as the threshold used to determine any other DUI conviction. The most common way that a DUI is determined is through either a breath or blood test. A test that shows a reading of a Blood Alcohol Content (BAC) of over 0.05 is considered to be evidence of impairment. A reading with a BAC higher than 0.08 is considered as under the influence of alcohol and thus likely to be facing a DUI conviction.
When driving in the State of Colorado, all individuals operating a motor vehicle have given assumed consent to take a blood, breath, saliva, or urine sample when requested to do so by law enforcement with probable cause. Failure to comply with this request is admissible in court and will most likely result in an automatic DUI charge.
Where a first DUI charge and a second DUI charge differ is in the penalties associated with each. There are both administrative and criminal penalties. Administrative penalties typically impact an individual’s driving privileges. Criminal penalties can include jail time, fines, or public service requirements.
The administrative penalties for a second DUI are more severe than those for a first DUI. While a first offense results in a nine-month suspension of one’s driver’s license, a second DUI results in a full-year suspension. Both a first and a second DUI result in the addition of 12 “points” each to the convicted individual’s driving record.
Criminally, a second DUI offers stricter penalties as well. The potential jail time sentenced for a first DUI is 5 days to one year. On the other hand, a second DUI comes with mandatory jail time in the amount of at least 10 days to one year. The other criminal penalties for a second DUI are also stricter than the first. While the first DUI comes with fines of $600-1000, a second DUI can cost $600-1500. First offenders may be sentenced to 48-96 hours of public service. Second offenders may find themselves serving 48-120 hours.
In some states, DUI laws include language about a “lookback” period. This refers to the time after which a new offense is no longer considered an additional offense to a prior conviction. If, for example, a state has a “lookback” period of ten years, someone convicted of a DUI eleven years after a prior conviction would be treated as if they had made their first offense rather than their second.
There is no official “lookback” period for the State of Colorado. However, the time between convictions is frequently taken into consideration at the discretion of the judge hearing the case. Incidents that occur within the same 10-year window as a previous conviction are much more likely to receive strict sentencing. It is important to note that Colorado looks at previous DUIs in a person’s life in any state, not just Colorado.
Those facing a DUI conviction in Colorado may also hear the term “DWAI.” The legislation involving DUI convictions uses both terms, and there are some important differences between them. DUI stands for Driving Under the Influence and refers to driving with a BAC higher than 0.08. DWAI stands for Driving While Ability Impaired and occurs when driving with a BAC between 0.05 and 0.08. A DWAI is a lesser charge and comes with fewer penalties, but a previous DWAI conviction can be used to strengthen the penalties of a DUI conviction, even if it is the individual’s first DUI.
Many people facing a second DUI in Colorado will wonder when they can have their driving privileges reinstated. Often, the reinstatement of a driver’s license comes with administrative fees, and these will need to be paid before the driver can legally return to the road. There are provisions to allow for early reinstatement with the use of an Ignition Interlock Device (IID). Typically, these provisions allow for the use of an IID after two months of the suspension have been served.
Charged with a 2nd DUI and wondering what comes next? If you need help navigating the Colorado DUI laws, contact Right Law Group today for a free case evaluation. You may be able to keep your license. Call us now to get help. An experienced Colorado Springs DUI lawyer can help get you through this. Contact us today for a FREE consultation.
Ask a Colorado Springs DUI Lawyer
If you are charged with a 2nd DUI in Colorado, you will likely be facing misdemeanor charges just as you did with your first offense. The charges may be the same but the penalties for a subsequent DUI will be much stricter.
A 2nd DUI in Colorado will mean stricter penalties than were faced with the first offense. Penalties for a 2nd DUI could include increased fines, community service hours, mandatory jail time, and mandatory suspension of driving privileges.
In Colorado, a 2nd DUI charge is a very serious offense. Colorado’s laws have been designed to help prevent repeat offenders, and therefore if you are charged with a subsequent DUI you will likely see much more severe penalties than you did with your first DUI.
