What Is My Fate after Third DUI in Colorado

DUI is considered a serious criminal offense in Colorado. Now imagine you committing the same offense more than once and the consequences that may follow. Bigger you say? Exactly! But you have got something to still muse about. First is that like first and second DUI, third DUI remains a misdemeanor in Colorado. This means that you have to commit the offense four times before it becomes a felony as enacted into Colorado’s law in 2015. This makes DUI take a greater meaning in the Colorado county court system as at the moment, because third DUI charge is the most serious alcohol crime in Colorado’s county court.

Chemical Test Refusal at Third DUI

Ordinarily, DUI chemical test refusal attract huge consequences even if you have no drugs or alcohol in your blood. The convention is that drivers are expected to consent to chemical tests once a police officer has a reasonable ground to believe the driver is impaired. Refusal could earn you revocation of your license. Now imagine refusing a chemical test at your third DUI. Refusing a chemical test at that instance would be admissible in court as an evidence of guilt in trial. The penalties for multiple chemical tests refusals are usually greater than multiple DUI convictions. It is always this way because it is usually believed that some driver would think having no evidence put them on a safe cruise.

The punishment for refusing a chemical test on the third time is direct license revocation for not less than three years.

Persistent Drunk Driving, Alcohol Education Classes and Treatment

You are already a persistent drunk driver at second DUI. Carrying this status, you have additional requirements to fulfil before you can have your license reinstated. These include;

Mandatory alcohol education and treatment
Proof of financial responsibility from an insurance company for three years
Mandatory installation of ignition interlock device (IID) for at least two years.

Alcohol education here is similar to second DUI plan. They are required to have your license reinstated. It is a combination of substance treatment and educational information. Treatment is required for a third DUI and chemical test refusal. You would also be responsible for the costs associated with education classes and treatment programs.

License Revocation for Third DUI

You are losing your license for at least two years after a third DUI conviction. You may get your license revoked before ever getting to the court. License would be administratively revoked. However, you can prevent his by seeking administrative hearing. This should be requested within seven days after the DUI arrest or your license would be automatically suspended.

Penalties for Third DUI Charge in Colorado

Like other DUI, this also has its penalties but they are surely upgrades on the first and second DUI charge. The harsher penalties include a mandatory jail time, higher fines, and a longer license suspension period. These generally include;

Between 60 days and 1 year in jail
A fine of up to $1,500
Revocation of your license for 2-years,
Community service for up to 120 hours,
Up to 4 years’ probation,
Alcohol education classes.

The clearest distinction between the second and third DUI however is the mandatory jail term. Instead of ten days, a driver may be facing up to two month compulsory jail sentence.

Hiring a lawyer for Third DUI charge

Because a third DUI attracts serious penalties, you most definitely need a lawyer to come to your aid. Even if you do not fight your first and second DUI, you must be seriously considering fighting the third as you are a step close to felon. There are experienced lawyers that could win your case for you as there many legal defenses to Colorado DUI charges. You could also fight your license suspension with the DMV. However you have only seven days to decide on DMV request after the arrest so you need a lawyer as soon as possible.

Critical Defense Requirements for A third DUI

Your DUI defense attorney is saddled with the responsibility of building your case by gathering all available evidence. This includes include:

Witnesses to the events surrounding the arrest
Photo, video, and audio evidence from police
Evidence from the “crime scene”, including photos and video
Police arrest records
Police equipment records
Patient medical records
Vehicle records

You might have to provide all of these records and evidences. Therefore, you have to make sure you answer all question directed at you truthfully and correctly.

Your DUI defense lawyer can from the information given to him file motions to suppress improper evidence. He would ensure unsubstantiated evidences are thrown out of court. Evidence can be thrown out of court because of: