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

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.