What to Expect For a Second DUI in Colorado
A first DUI’s punishment in Colorado is not as stringent as the second DUI charge, but luckily, much like the first DUI charge, it is still considered a misdemeanor, even the third. A fourth DUI is however considered a felony offense in Colorado. Regardless of if first, second or more, a DUI that results in serous body injures, perhaps deaths of its subject and others could be charged as a felony too. Having convictions from other states before Colorado arrest could also count against you. What is most important to note is that penalties and punishment increases with each additional DUI convictions.
Second DUI and Persistent Drunk Driver (PDD) Status
While a first DUI attracts punishments, it is usually not as tough as a second. PDD is one of the features that separate a first DUI from second. In Colorado, a second DUI conviction makes you a persistent drunk driver. This usually attract additional consequences such as
- Level II alcohol education
- Proof of financial responsibility for a period of at least two years (usually an insurance coverage)
- Mandatory ignition interlock device installation for at least two years before the driver’s license is reinstated
The alcohol education classes are usually tracked depending on the number of DUIs that have been committed. For level II alcohol education which is meant for second DUI subjects, you must have been convicted for one or more prior DUI. These are further tracked in alphabets C and D. Level II track C means that you have been convicted for more than a prior DUI and a less than 0.15 percent blood alcohol concentration (BAC). Level II track D have the same requirements except that BAC test greater than or equal to 0.15 percent must be acknowledged. Also the other division of track D has it that you have more than one prior DUI conviction and that you rejected a chemical test. All of these programs runs for 24 hours per twelve weeks and length of treatment is 86 hours per 43 weeks in each case. Treatment duration may usually be extended if an alcohol evaluator suggests a longer session is require. More woes are foisted on offenders with the fact that they would pay for the education and treatment on their own. This is estimated to cost over $1000.
Lookback period for prior DUI in Colorado
Some states in the US have lookback period for prior DUI charges. California for instance has a 10 years lookback period. Meanwhile, Colorado doesn’t have limits for its lookback periods on prior DUI. Any prior DUI from any state or within Colorado will always count as prior DUI in the state.
Penalties for a second DUI in Colorado
Being a second DUI offender in Colorado means that you are second step towards becoming a felon. Another certainty here is a minimum of ten days in a county jail, which may likely run to a year depending on the severity of your offense. Driving in Colorado means you have already given consent to law enforcement officers to test you in suspicion of the use of drug and similar substances. Therefore, you must be very careful not to fall to the second charge after your first DUI sentence. Second DUI offenses in Colorado is usually partially decided by where and when the first DUI occurred, and perhaps if you have caused personal injuries or death to people in the prior DUI. Whichever way, you could have your minds set on bagging the following punishment if convicted for a second DUI.
- A probation of between 2 and 4 years
- Minimum jail sentence of ten days and maximum of a year
- Fine and fees of between $600 and $1500
- Community service of between 48 hours and 120 hours
Only one thing could save you from all of these, ‘don’t drink and drive’!
Can a lawyer help you fight a second DUI?
Absolutely! An experienced DUI defense lawyer in Colorado could defend your DUI charges in court. Because second DUI has greater penalties than first DUI, even if you don’t want to fight your charges after the first DUI, you must be considering to do so strongly at the second. However, a DUI attorney shouldn’t pressure you into taking a plea deal when you have a chance to win the case and dust it off your record. It is up to you to either take up the challenge to fight it or take a plea. Depending on the facts of your case, a professional and experienced DUI attorney should be able to identify possible defenses for your charges. The earlier you get a lawyer, the better! We are at your service!
