What Factors Will Enhance A DUI Charge In Colorado?

Some of the factors which will enhance a DUI charge in Colorado are: A high BAC; an accident; multiple accidents; injuries to person or persons; injuries to property or to other people; seriousness of the physical injuries or extent of the value of damage to property; not having insurance or having expired insurance; driving without a valid driver’s license; driving with a suspended or restrained or revoked driving license will aggravate a DUI charge and enhance the penalties. Also, if you had any prior DUI or DWAI or DUI per se or DUI based Vehicle Assault or DUI HTO (HTO means Habitual Traffic Offender) or Driving under Restraint for alcohol related will increase the penalties, Further, if this is your second DUI or DWAI or DUI per se or DUI based Vehicle Assault or DUI HTO (HTO means Habitual Traffic Offender) or Driving under Restraint for alcohol related or this is your third DUI or DWAI or DUI per se or DUI based Vehicle Assault or DUI HTO (HTO means Habitual Traffic Offender) or Driving under Restraint for alcohol related will further increase the penalties. Finally, if this is your fourth or subsequent DUI or DWAI or DUI per se or DUI based Vehicle Assault or DUI HTO (HTO means Habitual Traffic Offender) or Driving under Restraint for alcohol related will classify the fourth and subsequent conviction to a Felony Class 4 and could possibly face a term of years in prison. In some cases even a fourth or subsequent could possibly result in a sentence to either probation or community corrections; in addition to costs and fines which can be substantial amount of money. You have to pay for the privilege for probation and community corrections. There are additional terms such as alcohol and drug monitoring testing, community service up to 120 hours and MADD class. Costs and fines are always in addition to any probation or jail or community corrections or prison sentence.

What Are The Penalties For A DUI Conviction In Colorado?

If it is your first DWAI, the penalty is two to 180 days in jail. The court can suspend all jail time with an alcohol evaluation and monitored abstinence for one year. You will complete 24 to 48 hours of community service and up to two years of probation, plus pay a $200 to $400 fine. General work release or in-home detention is permitted for the entire sentence. If your BAC is 0.2 or above, the penalty is 10 days to one year in jail and the court cannot suspend the 10 days. There are 48 to 96 hours of community service and up to two years of probation, plus a $600 to $1,000 fine. Sentencing alternatives are permitted for the entire sentence. Costs and fines are always in addition to any jail or probation sentence.

If this is your second DWAI within five (5) years; the penalty is mandatory jail of minimum 10 days to a year. The 10 days mandatory jail sentence must be consequently served, no good time credit, no trusty prisoner status time, or earned time. The minimum 10 days cannot be suspended and there is no sentencing alternatives. Alternative sentencing is work release or in-home detention. Probation can be for upto four (4) years.

If you violate probation, there is an additional one (1) year jail sentence which is in addition to any jail sentence for the original DUI or DWAI conviction.

If this is your second DUI or DWAI or DUI per se beyond five (5) years but is within a lifetime the minimum mandatory jail sentence has alternative sentencing such as work release or in-home detention.

A second DUI within five years carries 10 days to one year in jail. The court cannot suspend the 10 days and they must be served consecutively. There will be 48 to 120 hours of community service and two to four years of probation. No credit can be given for any period of imprisonment previously served and a level two treatment program is required. You will pay a $600 to $1,500 fine and no sentencing alternatives are permitted for the minimum mandatory jail sentence, except for general work release, if the county has such a program and the defendant is employed. The difference between having a second DUI within five years and having a second one in a lifetime is the ability to get sentencing alternatives, like work release or in-home detention.

For a third DUI, you are looking at 60 days to one year in jail. The court cannot suspend the 60 days and they must be served consecutively. No in home detention, no day for day credit, no good time, no trustee prisoner status, or no sentencing alternative is permitted for the minimum 60 days. You must perform 48 to 120 hours of community service and two to four years of probation. No credit is to be given for any period of imprisonment previously served. Admission of a level two treatment program is required, and the fine range is $600 to $1,500.

A fourth DUI is a felony and the penalties steeply increase from there. The fines are $2,000 to $ 500,000 and prison term from 2 to 6 years with a mandatory term of parole of 3 years. However, if you show evidence of your willingness to participate in treatment and all reasonable and appropriate sanctions have not been exhausted and it appears you will be successful in treatment and there is no unacceptable risk to public safety; the court could sentence you to probation and upto 90 days jail as a condition of probation. There are many factors to consider, including the five-year or seven-year lookback period, and your case should always be discussed with an attorney.

For more information on Penalties For DUI Conviction In Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 557-4425 today.

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