The law can be confusing, particularly for those who are experiencing the criminal justice system for the first time. Depending on your blood alcohol content (BAC), and whether or not you have any prior drunk driving convictions, the potential criminal penalties for a DUI will vary widely.

Effective July 1, 2010, significant changes have been made to DUI law in Colorado by the passage of House Bill 10-1347, and will apply to offenses committed on or after that date. The new law provides as follows:

  • 1st DUI: minimum mandatory of 5 days (all of which can be suspended by the Judge), or 10 days if BAC over 0.20 (all of which must be served, and cannot be suspended)
  • 1st DWAI: minimum mandatory of 2 days, maximum of 180 days
  • 2nd DUI: minimum mandatory of 10 days
  • 3rd DUI: minimum mandatory of 60 consecutive days

On a first offense DUI, any minimum mandatory sentence can be served on in home detention, work release, or weekend work programs, depending upon which sentencing alternatives are available in the jurisdiction in which you are charged.

Further, the new law provides that anyone with two or more DUIs will be required, in addition to a period of incarceration, to serve a two year probationary sentence.

If you have one prior drinking and driving offense, and it occurred more than five years ago, you are eligible to serve your sentence on in home detention; however, if your prior was within five years, your sentence must be served either on work release or on straight time.

For offenses that occurred before July 1, 2010, the following will apply:

  • DWAI: 2 days to 180 days; full suspension of jail possible
  • DWAI (w/ prior DWAI): 45 days to 1 year; partial suspension of jail possible – 5 days mandatory
  • DWAI (w/ prior DUI): 60 days to 1 year; partial suspension of jail possible – 6 days mandatory
  • DUI: 5 days to 1 year; full suspension possible
  • DUI (w/ prior DWAI): 70 days to 1 year; partial suspension possible – 7 days mandatory
  • DUI (w/ prior DUI): 90 days to 1 year; partial suspension possible – 10 days mandatory

A fourth or subsequent DUI is considered a felony.  The Court has the following non-prison options in sentencing an individual convicted of a fourth (or subsequent) DUI:

  • Sentence the defendant to between 90 days and 180 days of county jail. During the first 90 days,  the defendant is ineligible for good-time deductions of his or her sentence or for trustee prisoner status; however, the defendant will receive credit for any time  served in custody for the DUI prior to his or her conviction.
  • Sentence the defendant to between 120 days and two years of jail via an alternative sentencing program. During the first 120-days of the sentence, the defendant is ineligible for good-time deductions of his or her sentence or for trustee prisoner status; however, the defendant will receive credit for any time  served in custody for the DUI prior to his or her conviction.

If the Court, on top of the jail sanction, imposes a term of probation, the Court will require the defendant to do between forty eight and 120 hours of community service, and also to complete a level II alcohol treatment program.

Of course, an individual convicted of a fourth or subsequent DUI may be sentenced, in a worst case scenario, to a sentence in the department of corrections.

To minimize your chances of being sentenced to the department of corrections in a fourth DUI, it is critical you consult with and retain a DUI defense attorney as soon as possible after your having been charged.  The earlier the lawyer is involved, the stronger your defense can be.

If you have been charged with a DUI or DWAI and are looking for representation call Kimberly now at (720) 257-5346 for a FREE 45 min consultation.