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4th DUI Colorado

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Facing DUI Charges For The Fourth Time? If You Were Charged With A 4th DUI in Colorado You ONLY Have 7 DAYS to Request A DMV Hearing.

If you’re facing a 4th DUI in Colorado, this is a serious offense that can lead to a prison sentence of two to six years. Colorado counts all DUI convictions against you, including out-of-state convictions.

Colorado Springs 4th or Subsequent DUI

A DUI charge is typically a misdemeanor, but if you’ve been convicted of three past DUIs, you face a felony charge for your fourth and subsequent charges.

Top-Rated Colorado Criminal Defense Lawyer

Here Is What You Can Expect from a 4th or Subsequent DUI in Colorado Springs:

Colorado 4th DUI Laws

In August 2017, Colorado Governor John Hickenlooper signed a bill increasing the charges a person faces for repeat drinking and driving. The law closed loopholes in the 2015 DUI law that didn’t require some repeat offenders to serve jail time.

The changes to the law made the 4th DUI carry a mandatory jail sentence. At the time, some offenders only received probation under the law. Changes under the new law require a minimum of 90 days in jail for a fourth or subsequent offense, 48+ hours of community service, and other penalties.

All current penalties are outlined below.

Colorado 4th (Or Subsequent) DUI Penalties

Driving under the influence is a serious criminal penalty with significant consequences for the driver. Prosecutors will pursue felony charges against you, which will remain on your permanent record.

Penalties may include:

  • 90 to 180 days in jail
  • The potential of 2 to 6 years in a Colorado prison
  • 3-year minimum probation period
  • $2,000 to $500,000 fines
  • 48 to 120 hours of potential community service
  • One-year driver’s license loss
  • Two-year requirement of an ignition interlock
  • Alcohol and drug education and treatment courses

These are base penalties that may be much higher, depending on the circumstances surrounding the offense. A driver that is already on probation, parole, or is out on bail for a felony at the time of the DUI may face prison sentences of 4 to 12 years.

Judges have the discretion to examine the defendant’s case and impose less severe consequences. If the individual is willing to seek out drug and alcohol rehabilitation, it’s possible that the penalties will be lowered.

It’s important to work with a lawyer for any felony charges that you face. A felony will follow you for a lifetime and can impact your ability to find meaningful employment and your right to vote in the future.

Keeping a felony charge from being added to your record is the best-case scenario.

Common defense strategies that can help beat DUI charges in Colorado are:

  • Field sobriety tests were not administered properly
  • Contamination of blood- or breath-samples
  • Medical conditions that can cause high BAC, including GERD
  • Police misconduct
  • Alcohol consumption didn’t occur before operating a vehicle

Charges may also be lowered to a reckless driving charge, or if a past conviction was dropped to a lesser charge, it’s possible to avoid a 4th DUI conviction. Lowering the charge to a DUI-third allows for a far less serious penalty and only a misdemeanor charge versus a felony.

Lookback Period for Colorado DUIs

Colorado doesn’t have what’s known as a “washout” period. If you have any prior convictions, they will count against you. The lifetime lookback period stands for:

  • DUI
  • DWAI
  • DUI per se

Priors outside of Colorado will also count in your total prior convictions. Exceptions only exist for juvenile DUIs unless there’s a pending deferred judgment.

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

DUI Vs DWAI

Colorado’s DUI and DWAI violations can be confusing to someone who is not well-versed in the law. The definitions and classifications are:

  • Driving under the influence (DUI): Classified as an adult that has a blood alcohol concentration (BAC) of .08 or higher.
  • Driving while ability impaired (DWAI): Classified as an adult that has a BAC of .05 to .079.

If a driver has a BAC of .20 or higher, they face even more severe penalties due to the extensively high level of alcohol in their blood.

Reinstatement of Driving Privileges After A 4th or Subsequent DUI

A 4th DUI in Colorado comes with an immediate two-year suspension of license. The driver, if they’re 21 years of age or older, follows these procedures, they can begin driving in as little as one-month:

  • File an Application for Reinstatement
  • Pay the reinstatement fee
  • Drive with an IID
  • Obtain SR-22 insurance for at least three years
  • Attend a Level II Alcohol and Drug Education and Treatment Program

Anyone that is under the age of 21 will have to wait for a minimum of one year before reinstatement will be considered.

Driving under the influence is a serious offense. In Colorado, you have the right to a DMV hearing and may also be facing a criminal case. A DUI defense attorney can be present during the hearing and will help build a defense for your case.

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.

CALL NOW IF YOU HAVE BEEN ARRESTED

719-822-6227

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.

How long do you go to jail for 4th DUI?

In Colorado, the length of time for your jail sentence will depend on the specifics of your particular case. For most people, a 4th DUI in Colorado will mean jail time from 2-4 years.

What is a felony DUI in Colorado?

A 4th or consecutive DUI conviction will result in felony charges in the state of Colorado. DUI charges can also be elevated to a felony for other aggravating factors such as if someone was killed or seriously injured as a result of the actions of the intoxicated driver.

How long does a DUI stay on your record in Colorado?

In the state of Colorado, a DUI will stay on your record for ten years. It is important to remember, however, that Colorado has no official “look-back” period, meaning that even if you get a DUI 11 years after a previous DUI, it will still be considered a subsequent DUI.

Experienced 4th DUI Lawyer

Colorado Springs 4th DUI Attorney Near You

When you’re charged with a 4th DUI in Colorado, you need a lawyer 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 believe that 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 case consultation.