A state commission created by Colorado Governor Bill Ritter deliberated and voted not to recommend a change in Colorado’s DUI law on December 11, 2009 that would have made incarceration mandatory for second DUI offenders. The Commission on Criminal and Juvenile Justice rejected a proposal requiring repeat offenders to be sentenced to at least 30 days for a second alcohol conviction and at least 60 days for a third offense, and in-home detention or alternative sentencing options would not be available to sentencing judges.
Under current Colorado DUI law, a second DUI or DWAI offense requires a mandatory jail sentence, but the judge has the option of imposing this sentence on electronic home monitoring, with work release, or through other arrangements.
In Colorado, unless there are aggravating facts such as an accident resulting in serious injury or death, a DUI is not a felony, and the maximum sentence is up to one year in a county jail. Other states have increased penalties for DUI offenses in recent years, including creating a felony for second offenses. For example, New York classifies a second DUI conviction within 10 years as a Class E felony.
Tags: DUI, felonies, incarceration, laws