DUI Second Offense

Once a person has a conviction, the consequences increase substantiality. A second DUI conviction in Colorado requires at least ten-days in jail and mandatory probation.

Second DUI in Colorado

The stakes are much higher with a prior alcohol-related driving offense on one’s criminal history. It does not matter how old the prior case is or whether it was a DUI or DWAI conviction. If convicted, there is mandatory jail and at least two years of supervised probation. Colorado law requires mandatory jail regardless of how long ago the prior offense occurred or what state it occurred in. It there is a prior offense at any time prior conviction, it is a repeat offender DUI case.

The penalty ranges are the same for a second offense DUI and a second offense DWAI in Colorado. regardless of a reduction or finding of guilt of the lesser offense, a judge must still impose at least ten-days of jail and mandatory probation. and, with any second DUI or DWAI, a judge must suspend an entire year of jail on the condition that the offender completes at least two-years of supervised probation. The requirements of probation include sobriety monitoring, completion of DUI education and increased therapy, community service, and expensive fines, court costs and supervision fees.

The following table depicts the sentence range for DUI, DUI per se, and DWAI Second Offense in Colorado.

PENALTY

MINIMUM

MAXIMUM

Jail

10 days county jail (mandatory)

1 year county jail

Suspended Jail

1 year

1 year

Fine

$600

$1500

Community Service

48 hours

120 hours

Probation

2 years

4 years

 

If the prior conviction occurred more than five years from the date of the DUI, a judge may substitute sentencing alternatives for the mandatory jail. This includes the possibility of in-home detention (IHD) / electronic home monitoring (EHM).

If the prior DUI/DWAI conviction is less than five years from the date of the new DUI, the mandatory jail sentence must occur in the county jail. The jail sentence cannot be served at home on house arrest. Under certain circumstances, the judge may authorize work release for the jail, but no “good-time” credit toward the minimum 10-days will be allowed. Therefore, at least a minimum of 10 consecutive days must be served in the county jail. Most Colorado judges impose much more than ten days on a second DUI offense, regardless of when the prior conviction occurred. The ten-days is the minimum sentence range, not necessarily the sentence the judge will impose.

Regardless of when the prior offense occurred, the sentencing court must impose a suspended one-year jail sentence. This year is fully suspended on the condition that at least two-year of probation is complied with. If probation is not successful, the judge must impose the suspended jail. The judge must also order an alcohol and substance abuse evaluation with required classes and therapy.

Depending on the circumstances of the case, one could be facing a driver’s license revocation of at least one-year. This also requires installation of an ignition interlock device in every vehicle owned. This interlock requirement would be for two years.

Additionally, a conviction for a DUI, DUI per se, or DWAI will result in a Habitual Traffic Offender strike on one’s driving history. Three habitual strikes in seven-years will trigger a 5-year habitual offender driver’s license revocation.

In the spring of 2015, the state of Colorado enacted a law making a fourth lifetime DUI or DWAI offense a class 4 felony. While a first, second or third DUI is not, a felony case may be filed if serious injury or death to another person occurred.

More on How Scram Alcohol Monitoring Systems are being used.