Jay M. Tiftickjian
Tiftickjian Law Firm, P.C.
600 S. Cherry St. #1105
Denver, CO 80246
Phone (303) 991-5896
Fax (303) 991-5897
Toll-Free 855-DUI-5280

Harsher Penalties for Repeat DUI Offenders: House Bill 10-1347

Volume 1, Issue 2 – Summer 2010
© 2009 Tiftickjian Law Firm, P.C.

There has been an increased toughening of Colorado’s drinking-and-driving laws over the past few years, and 2010 looks to be the same. In 2009, an overhaul was made to the laws and requirements regarding reinstatement of an offender’s driver’s license following a DUI revocation. On the horizon now is House Bill 10-1347, which drastically changes the way a judge can sentence a DUI offender for a repeat offense. Based on positive press and previous endorsements by Governor Bill Ritter, we fully expect this bill to become law. If passed, it could go into effect as early as July 15. Currently, the law requires that judges impose a mandatory jail sentence on anyone who is convicted of either Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI) when that person has a prior conviction for a similar offense. The sentencing range for a second alcohol-related driving offense can range from five days to one year in the county jail. Colorado’s DUI-DWAI jail sentence ranges are as follows:

DWAI - first offense: two to 180 days; all jail time can be suspended.
DUI - first offense: five days to one year; all jail time can be suspended.
DUI or DWAI with Blood Alcohol Content of 0.20 or more: 90 days to one year; all but ten days can be suspended.
DWAI with prior DWAI conviction: 45 days to one year; all but five days can be suspended.
DWAI with prior DUI conviction: 60 days to one year; all but six days can be suspended.
DUI with prior DWAI conviction: 70 days to one year; all but seven days can be suspended.
DUI with prior DUI conviction: 90 days to one year; all but ten days can be suspended.

Under the present law, however, judges have many options at their disposal regarding how the sentence can be served—straight jail time, jail time with work release during the day, weekend work programs, inpatient treatment options and electronic home-monitoring/in-home detention sentences. The latter requires that offenders wear an ankle bracelet that electronically monitors their location at all times. While serving the sentence, they are allowed to attend work, school, medical appointments and any therapy during preauthorized times of the day. H.B. 10-1347, if passed, eliminates judges’ discretion to authorize house arrest-type sentences for multiple offenders. This means that if a person has incurred any prior alcohol-related driving offense in their lifetime, he or she must be incarcerated without any type of house arrest alternative. Nor is the elimination of house arrest for repeat offenders the only way the proposed law seeks to increase penalties for repeat DUI offenders.

The proposal also:

Eliminates any earned good-time credit for a person with three alcohol-related driving convictions
Sets the minimum sentence at 60 days for a third or subsequent offense;
Encourages courts to require the installation of an ignition interlock device on an offender’s car as a condition of pre-trial release and probation, even if the Department of Revenue has imposed a similar restriction as a condition of a driver’s license reinstatement;
Includes additional incarceration for an offender who violates a condition of probation over and above the potential sentence for the original conviction, and;
Allows a court to supervise an offender for an additional two years beyond the maximum two year probationary period to which an offender can be sentenced.

House Bill 10-1347 represents one more example of how lawmakers continue to target DUI and DWAI offenders.

This newsletter does not provide specific legal advice. If you require legal advice or assistance, you should seek the services of a competent criminal attorney. © 2009 The Tiftickjian Law Firm, P.C.

Tiftickjian Law Firm, P.C. provides DUI defense and criminal defense representation in Colorado including Adams County, Arapahoe County, Boulder County, Broomfield County, Douglas County, Jefferson County and Colorado’s mountain communities. Our criminal and DUI defense law practice also includes Arvada, Aspen, Aurora, Bennett, Boulder, Bow Mar, Breckenridge, Brighton, Broomfield, Castle Pines North, Castle Rock, Centennial, Central City, Clear Creek County, the Denver Tech Center, Eagle County, Edgewater, El Paso County, Englewood, Erie, Estes Park, Federal Heights, Fort Collins, Fredrick, Frisco, Grand County, Greeley, Greenwood Village, Highlands Ranch, Lafayette, Lakewood, Larimer, Littleton, Lone Tree, Longmont, Louisville, Morrison, Northglenn, Parker, Pitkin County, Golden, Silverthorne, Summit County, Superior, Thornton, Vail, Westminster, Wheat Ridge, Winter Park and across the Front Range. If you have been charged with a criminal, DUI or traffic offense in Colorado, contact Tiftickjian Law Firm, P.C. for a complimentary consultation with an experienced Denver DUI attorney or Colorado criminal defense lawyer.

Our law offices are located at 600 S. Cherry Street, Suite 1105, Denver, CO 80246
Phone: (303) 991-5896

People v. Mr. M. – DUI, Speeding
• Not Guilty
People v. Mr. L. – First Degree Assault, Kidnapping
• Not Guilty
People v. Mr. K. - DWAI, Weaving
• Not Guilty
People v. Ms. W. - Grand Jury Indictment: Felony Drug Possession
• Dismissed
People v. Mr. G. - DUI, Hit and Run
• Dismissed
People v. Mr. S. - Felony Child Abuse
• Not Guilty
People v. Mr. S. - Careless Driving Causing Death
• Not Guilty
People v. Ms. W. - DUI-Drugs
• Dismissed
People v. Mr. C. - Possession with Intent to Distribute Cocaine
• Dismissed
People v. Mr. B. - Reckless Driving, Speed Contest
• Not Guilty
People v. Mr. P. - First Degree Assault, Burglary
• Not Guilty
People v. Ms. A. - Child Abuse, Reckless Endangerment
• Not Guilty
People v. Mr. M. - Third Degree Assault, Domestic Violence
• Not Guilty

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