If you have 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 problem. The criminal justice system deals with that reality by employing strict enforcement measures. Sentencing for DUI convictions includes mandatory rehabilitation efforts, but it also emphasizes punishment. If you are convicted of a third DUI, your sentence will include jail time, fines, education, public service, and a period of probation. These results will create a public record that will follow you for the rest of your life.
If you have been arrested for a third DUI, you need a DUI criminal defense attorney who will work to minimize the consequences. Even if this is your third encounter with DUI prosecution, an attorney can help you through the process.
CRS 42-4-1301 outlines Colorado’s DUI-related statutes. To charge a driver with a DUI offense, a law enforcement officer need only observe and conclude that he or she is under the influence of drugs or alcohol. Evidence confirms those observations and supports the charge.
When a court convicts you of a third DUI offense, it is still considered a misdemeanor. It becomes a felony if your DUI arrest involves vehicular assault or vehicular homicide. Punishments outlined under CRS 42-4-1301, are more severe with each subsequent conviction.
If you have had multiple DUI convictions, a refusal to take an alcohol test, or a high BAC, the court may designate you as a Persistent Drunk Driver as defined by CRS 42-1-102 (68.5(a).
PDD penalties are in addition to other penalties for DUI or DWAI convictions.
CRS 42-4-1301, Part III Prior Convictions,
Colorado DUI statutes do not have a specific lookback period. Under discretion granted by CRS 42-4-1301, courts may consider any prior convictions on your record, including out-of-state convictions. Courts use criminal history as a “sentencing enhancer.” When they look back and locate a history of prior DUIs, they may sentence even a first-time DUI conviction as a Class 4 felony.
Colorado’s DUI and DWAI statutes, CRS 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 DUI statutes, the terms “substantially incapable” and “mildly impaired” describe a drunk driver’s mental and physical ability to exercise clear judgment, physical control, and due care in safely operating a vehicle. DWAI is a lesser charge than DUI.
When a driver has three or more DUI convictions, he or she receives a mandatory 2-year license revocation. A driver may reapply for a restricted license after meeting the Colorado DMV requirements.
After one year of operating a vehicle with a restricted license, a driver may reapply for a regular license.
When you are charged with a third DUI in Colorado, you need an attorney 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 think 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 consultation of your case.
You can also visit these pages:
Offenses Relating to Marijuana and Marijuana Concentrate – Definitions
Ask a Colorado Springs DUI Lawyer
La sanción por su tercer DUI en Colorado probablemente dependerá de los factores de su arresto individual. Las sanciones probablemente incluirán tiempo en la cárcel, suspensión de los privilegios de conducir, multas, requisitos de bloqueo de encendido y servicio comunitario.
El tiempo de cárcel por un tercer DUI en Colorado puede variar según las circunstancias particulares. Por lo general, un tercer DUI significará un mínimo de 60 días en la cárcel.
Un DUI permanecerá en su registro durante diez años en Colorado. Dicho esto, Colorado no tiene un período oficial de “revisión”, lo que significa que si obtiene un DUI 11 años después de su primer DUI, aún se considerará un DUI posterior.
