Question: What is the sentence for a second DUI in Colorado?
Answer: Colorado DUI law mandates a jail sentence if you are convicted of DUI or DWAI and have a prior offense on your record. Regardless of the age of the prior conviction, a second offense in Colorado requires incarceration.
A conviction for a second DUI requires at least ten days and up to one year in the county jail. The judge must also sentence a repeat offender to probation for at least two years, and suspend a full one-year jail sentence upon the condition that the offender complete all of the conditions of the probation.
Typically, probation for a multiple offense includes alcohol education ad additional therapy, as well as monitored sobriety by way of breathylizers, EtG testing, or other body screens. The judge will require a probationer to maintain sobriety and be alcohol and drug free, and this includes marijuana.
A second conviction in Colorado will likely lead to a longer driver’s license revocation, as the motorist is put in the “persistent drunk driver” category and is required to maintain an ignition interlock device in his or her vehicle for at least two-years upon reinstatement. In addition, a habitual offender strike will attach to the driving history, and three strikes within a seven year period will cause a five-year habitual offender revocation.
Most judges will not allow in-home detention or other house-arrest type arrangements during the jail sentence that comes with a second offense. While a judge is authorized to allow in-home detention during the mandatory minimum sentence if the first offense is at least five-years old, most judges still will not consider it.
The consequences of a second DUI in Colorado are severe. For all the reasons outlined above, an experienced DUI attorney can assist with fighting the charges and negotiating for a better sentence.