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Colorado Springs 2nd DUI

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What Can I Expect After A 2nd DUI In Colorado? If You Were Charged With A 2nd DUI You ONLY Have 7 DAYS To Request A DMV Hearing.

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.

Top-Rated Colorado Criminal Defense Lawyer

Here Is What You Can Expect From A 2nd DUI in Colorado Springs

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.

COLORADO 2ND DUI LAWS

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.

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COLORADO 2ND DUI PENALTIES

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.

"LOOKBACK" PERIOD FOR COLORADO DUIS

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.

DUI VS DWAI

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.

REINSTATEMENT OF DRIVING PRIVILEGES AFTER A 2ND 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.

Colorado criminal procedure

  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

What is the sentence for misdemeanors in Colorado?

  • Class 1

  • 6 to 18 months in county jail, and/or
  • $500 to $5,000 in fines
  • For extraordinary risk class 1 misdemeanors, the maximum jail sentence is 24 months.
  • For 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 48 months if the victim was on duty as a:
    • Peace officer,
    • Emergency medical provider,
    • Firefighter, or
    • Mental health professional at the Department of Human Services.
  • Class 2

  • 3 to 12 months in county jail, and/or
  • $250 to $1,000 in fines
  • Class 3

  • Up to 6 months of county jail, and/or
  • $50 to $750 in fines2

What are Colorado felony penalties?

  • Class 1

  • Life imprisonment
  • No Colorado crime carries the death penalty.
  • Class 2

  • 8 – 24 years in Colorado State Prison, and/or
  • $5,000 – $1,000,000
  • 5 years of mandatory parole if the offense is a crime of violence. Otherwise, 3 years of mandatory parole.
  • Class 3

  • 4 – 12 years in prison, and/or
  • $3,000 – $750,000
  • 3 years of mandatory parole
  • For extraordinary risk class 3 felonies, the maximum sentence is 16 years in prison.
  • Class 4

  • 2 – 6 years in prison, and/or
  • $2,000 – $500,000
  • 3 years of mandatory parole
  • For extraordinary risk class 4 felonies, the maximum sentence is 8 years in prison.
  • Class 5

  • 1 – 3 years in prison, and/or
  • $1,000 – $100,000
  • 2 years of mandatory parole
  • For extraordinary risk class 5 felonies, the maximum sentence is 4 years in prison.
  • Class 6

  • 1 – 18 months years in prison, and/or
  • $1,000 – $100,000
  • 1 year of mandatory parole
  • For extraordinary risk class 6 felonies, the maximum sentence is 2 years in prison.

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Getting You To A Better Place Fast

At Right Law Group, we understand the stress you are under. Our Criminal Defense Law Firm is here to guide you down the right path to your legal challenge. Whether you are facing your first DUI, a drug charge, need a restraining order, or are facing another type of criminal charge, our firm is committed to your well-being and protecting your rights the right way.

What happens when you get a second DUI in Colorado?

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.

What is the penalty for a 2nd DUI in Colorado?

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.

How bad is a second DUI?

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.

Experienced 2nd DUI Lawyer

Colorado Springs 2nd DUI Attorney Near You

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.