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DUI Penalties in Colorado

First Offense

For a first time DUI conviction, a judge must impose from 5 days to 1 year in jail. The law permits the judge to suspend all or part of the sentence on condition that you complete an alcohol treatment program. There is no guarantee that the judge will suspend the jail sentence. The judge must also impose 48 to 96 hours of useful public service and $300 to $1,000 in fines in addition to court costs which usually exceed $400. Since 12 points will be assessed to your driving record, you will lose your license for 1 year on a points suspension. You can petition for a restricted “red” license. Finally, a DUI constitutes a habitual strike against your driving record. After 3 major traffic violations within 7 years, motor vehicle mus trevoke your license for 5 years. You should seek a good attorney who can reduce the potential penalties in your case.

Second DUI with a prior DUI within 5 years

For a second DUI conviction within 5 years, a judge must impose from between 90 days to 1 year in jail. The law permits the judge to suspend all but 10 days (which is the absolute minimum), on condition that you complete an alcohol treatment program. There is no guarantee that the judge will impose the minimum ten days. Many don’t. The judge must also impose 60 to 120 hours useful public service and $500 to $1,500 in fines in addition to court costs which usually exceed $400.   In addition to a points suspension, you will also face a 1 year revocation of your driving privilege with no driving. Furthermore, you cannot reinstate your license until you drive one (1) additional year with an interlock device installed in your car.  Finally, a second DUI constitutes a second habitual strike against your driving record. After 3 major traffic violations within 7 years, motor vehicle must revoke your license for 5 years. You should seek a good attorney who can reduce the potential penalties in your case and retain your driving privileges. 

DUI with a prior DWAI within 5 years

For a DUI conviction with a prior DWAI conviction within 5 years, a judge must impose from between 70 days to 1 year in jail. The law permits the judge to suspend all but 7 days on condition that you complete an alcohol treatment program. The 7 days is the absolute minimum and there is no guarantee that the judge will impose the minimum. The judge must also impose 56 to 112 hours of useful public service and $450 to $1,500 in fines. These are in addition to court costs which usually exceed $400.In addition to a points suspension, you will also face a1 year revocation of your driving privilege with no driving.  A second conviction constitutes a second habitual strike against your driving record. After 3 major traffic violations within7 years, motor vehicle must revoke your license for 5years. You should seek a good attorney who can reduce the potential penalties in your case and retain your driving privileges.

Second DUI with a prior DUI outside of 5 years

For a DUI conviction with a prior DUI conviction outside of 5 years, a judge must impose from between 5 days to 1 year in jail. The law permits the judge to suspend all or part of the sentence on condition that you complete an alcohol treatment program. There is no guarantee that the judge will suspend the jail sentence; most don’t. The judge must also impose 48 to 96 hours of useful public service and$300 to $1000 in fines in addition to court costs which usually exceed $400.  In addition to a points suspension, you will also face a 1 year revocation of your driving privilege with no driving. Finally, a DUI constitutes an habitual strike against your driving record. After 3 major traffic offenses within 7 years, motor vehicle must revoke you rlicense for 5 years. You should seek a good attorney who can reduce the potential penalties in your case.

 

 DWAI Penalties  in Colorado

First Offense

 

 

 

 

For a first time DWAI conviction, a judge must impose from between 2 days to 6 months in jail. The law permits the judge to suspend all or part of the sentence on condition that you complete an alcohol treatment program. There is no guarantee that the judge will suspend the jail sentence. Many don’t,especially if you have a prior offense more than 5 years ago. The judge must also impose 24  to 48 hours of useful public service and $100 to $500 in fines in addition to court costs which usually exceed $400. Since 8 points will be assessed to your driving record,you will not lose your license for 1 year on a points suspension unless you have 4 or more points within 12consecutive months of the date you were charged with the offense. If so, you can petition for a restricted”red” license.  Finally, a conviction constitutes a habitual strike against your driving record. You should seek a good attorney who can reduce the potential penalties in your case.

Second Offense with a prior DUI within 5 years

For a DWAI conviction with a prior DUI conviction within 5 years, a judge must impose from between 60 days to 1 year in jail. The law permits the judge to suspend all but 6 days on condition that you complete an alcohol treatment program. The 6 days is the absolute minimum with no guarantee that the judge will impose the minimum. The judge must also impose 52 to 104hours of useful public service and $400 to $1,200in fines, which are in addition to court costs which can exceed $400.  You will also face a 1 year revocation of your driving privilege.  Finally, a second conviction constitutes a second habitual strike against your driving record. After 3major traffic violations within 7 years, motor vehicle must revoke your license for 5 years. You should seek a good attorney who can reduce the potential penalties in your case and retain your driving privileges.

Second Offense with a prior DWAI within 5 years

 

 

 

 

For a DWAI conviction with a prior DWAI conviction within 5 years, a judge must impose from between 45 days to 1 year in jail. The law permits the judge to suspend all but 5 days on condition that you complete an alcohol treatment program. The 5 days is the absolute minimum and there is no guarantee the judge will impose the minimum. The judge must also impose 48to 96 hours of useful public service and a $300 to$1,000 fine in addition to court costs which usually exceed $400. You will also face a 1 year revocation of your driving privilege. Finally, a second conviction constitutes a second habitual strike against your driving record. After 3major traffic violations within 7 years, motor vehicle must revoke your license for 5 years. You should seek a good attorney who can reduce the potential penalties in your case and retain your driving privileges.

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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
The Edward Building
8400 East Prentice Avenue - Suite 420
Greenwood Village, Colorado 80111
Primary Web Site:  http://www.HMichaelSteinberg.com
Colorado Criminal Law Blog:  www.Colorado-Criminal-Lawyer-Online.com
Main:  303.627.7777
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