DUIs in Colorado are typically charged as misdemeanor crimes. Legislation has been presented over the past several years to make repeated DUI offenders subject to felony charges for subsequent DUIs. However, the state legislature has failed to pass the legislation out of fear that convicted repeat DUI offenders would overcrowd the jail system and cost the state too much. Currently, there are efforts to again pass the felony DUI legislation in Colorado.
DUI offenses in Colorado
For your first misdemeanor DUI, a jail sentence of 5 Days to 1 Year can be imposed, with a fine ranging from $600 - $1,000. You are required to perform 48-96 public service hours. The jail sentence can be suspended if the court believes that you would benefit from Alcohol Treatment Program. On a second DUI, the jail sentence can range from 70 days to 1 year, with a fine ranging from $900 to $1,500. With a second DUI, you are required to perform 56-112 public service hours. On a third and every subsequent DUI charge, the jail sentence would range from 90 days to 1 year, and a fine of $1000-$1500. With a second DUI, you are required to perform 60-120 public service hours.
Arrest and Court Procedures
At the time of your arrest, you may be placed in jail until bail is posted or you appear before the judge. If it is a simple DUI misdemeanor arrest, you will usually be booked and be free to leave, assuming you have someone who can drive you home. Although you may be allowed to be released pending your hearing, it is possible you will be taken into custody if the circumstances warrant it until a preliminary hearing. At this preliminary hearing, called an arraignment, you will enter a guilty or not guilty plea. From there, you will go to a pretrial conference to negotiate a possible early resolution of the case, or go on to trial. Early resolutions are encouraged so as to get the case off the calendar and reach a solution that will please the prosecution and the defendant. Once at trial, you will present evidence in your favor, and the prosecution will present its evidence as well. If you are convicted, you will receive your sentence at the end of trial.
Effect on Records and Employment,
Because it is a serious driving violation, the DUI will stay on your criminal record for a period of time, and on your Colorado driving record forever. Once you have completed probation and paid your fines, it may be possible to have the court make an expungement of the DUI off your criminal record. While the court does not have to automatically do so, it will look at your criminal history and your performance on probation to see if you are deserving of an expungement.
DMV/DUI Implications for DUIs,
On your 1st DUI, your driver’s license will be suspended for 9 months, and you will be given 12 points against your driving record. On a 2nd DUI, you will receive a 1 year license suspension and, if it has been within 5 years of a previous DUI, you are REQUIRED to have an ignition interlock device placed on your vehicle prior to your license being reinstated. You will be given 12 points on your driving record. Finally, on a third DUI misdemeanor, your license will be suspended for 2 years, and you will be required to haven an ignition interlock device prior to having your license reinstated. You will be given 12 points on your driving record as well.
DUI Defense Options,
At your hearing, you can plead guilty, not guilty, or no contest (essentially a guilty plea that you do not admit to). If you plea not guilty, some of the likely defense options will include: pleading to a lesser charge, challenging the results of the sobriety tests based on defect or error, medication effect that results in a false positive, and many others. These defense options are best explained and argued by experienced DUI lawyers.
Getting Help from a Lawyer
If you are charged with a DUI, the most important thing to do is to retain an experienced DUI lawyer to handle your matter and ensure that your rights are protected. Without a lawyer to help, you may plea to an agreement that is not in your favor, and jeopardize your chances of getting a lesser sentence and expunge your record at a later date. Having an experienced DUI lawyer may help you beat your DUI charge if the facts and circumstances support a defense possibility.
