Skip to Content
Free Consultation
Top
Top-Rated Denver DUI & Criminal Defense Lawyers Defense & Guidance Backed by Results

Denver Multiple DUI Attorney

Comprehensive Representation for a Second or Third DUI Charge in Colorado

If you are convicted of DUI in Colorado, you may face serious consequences, including the loss of driving privileges, high court fines, extended probation periods, and possibly jail time. But what if this is your second or third time being charged with DUI? Colorado law mandates that drivers convicted of a second DUI in a lifetime must spend a minimum of 10 days in jail. Your third DUI conviction carries a minimum jail time of 60 days in county jail.

We fight to preserve your right to drive, and we do everything within our power to keep you from spending time in jail. If jail is mandatory, we work diligently to help position you in such a way as to convince the court why you deserve the minimum sentence and not the maximum. Our attorneys gather and examine all the facts surrounding your DUI charge to help explore any possibility of having the DUI charges lessened or dropped completely.

The results of a conviction for a repeat DUI offender are truly devastating. That is why when you are facing another DUI charge on top of one you already have from this state or another, you need the help of a multiple DUI attorney in Denver to defend you. When you enlist the help of the attorneys at Orr Law Firm, you seek focused and passionate DUI attorneys who have years of experience with cases like yours.

In Colorado, past DUI convictions from other states are brought to bear on your punishment. Alcohol offenses are lifelong offenses in Colorado. Contact us online or call (303) 747-4247 for your free consultation with our Denver multiple DUI lawyers. 

Understanding Repeat DUI Offender Charges in Colorado

Alcohol offenses are lifetime offenses in Colorado. Convictions cannot be expunged, and the case cannot be sealed. Because of the legislation to make DUI and other alcohol offenses lifelong offenses, a large number of cases are being treated as multiple offenses or repeat offenders.

Multiple convictions for alcohol-related driving offenses require a minimum mandatory jail time in Colorado. It does not matter where the prior offense occurred or how long ago it occurred. If the state of Colorado finds a prior alcohol conviction from another state, the district attorney will be forced to seek jail time, and the judge will be legally bound to sentence you to no less than the mandatory minimums upon conviction or a plea to an alcohol-related driving offense.

The penalties for multiple DUI convictions include:

First Offense of DUI in Colorado

For your Colorado DUI first offense, you will face a license revocation, especially if you do not go to the DMV to request a hearing within the mandatory seven-calendar-day period after being arrested. Failure to request a hearing in writing or in person with the DMV within seven calendar days will result in an automatic revocation of your license for nine months. The maximum criminal punishment for DUI in Colorado is one year in jail, along with a $1,000 fine, 96 hours of community service, two years of probation, and 110 hours of alcohol education and therapy.

Second DUI Offense in Colorado

For a second DUI offense in Colorado, the law dictates that you must spend a minimum of 10 days in jail, and the maximum is still one year in jail. This is still the case even if the prior conviction occurred in another state and/or was many years ago. You will also have your license revoked for no less than one year. The amount of time your license will be revoked depends on how much time has passed between the two offenses and whether the prior offense was in the state of Colorado. 

It is crucial to understand that each additional offense exacerbates the consequences, often leading to higher fines, longer license suspensions, and mandatory community service or alcohol education programs. Colorado's judicial system does not take repeat offenses lightly, and thus, each subsequent DUI charge presents a new set of challenges that must be meticulously addressed by a seasoned legal professional.

Third DUI Offense in Colorado

A third DUI offense in Colorado will require a minimum sentence of 60 days in jail and up to one year in a county jail. If you are found to be a habitual traffic offender, you could spend time in jail or even prison for a Class 6 Felony. You could also lose your license for up to five years, depending on how much time has passed between your DUI offenses. In addition, you also face the highest fines imposed on DUI offenders if this is your third or subsequent offense.

Do not be fooled and think that because your priors were many years ago that the court and the DA will work with you or “cut you a break.” The law in Colorado does not allow for it. If convicted of a third or subsequent offense, pack your toothbrush because you are going to jail. The question just becomes – for how long?

Common Defenses in Multiple DUI Cases in Denver

Every DUI case is unique. With repeat offenses, building a strong defense is even more crucial. Orr Law Firm prepares a tailored strategy based on the facts and evidence in each case.

Possible defenses include:

  • Illegal Traffic Stop - If law enforcement lacked probable cause to stop your vehicle, all evidence collected afterward may be suppressed.
  • Improper Field Sobriety Tests (FSTs) - Officers must follow standardized procedures. If they deviated from protocol or the conditions were unsuitable (e.g., uneven surface, poor weather), the results may be unreliable.
  • Faulty Breath or Blood Testing - Depending on the toxicology evidence, we can argue calibration issues with the breathalyzer, contaminated blood samples, or delayed or improper collection.
  • Rising Blood Alcohol Defense - Your BAC may have been below the legal limit at the time of driving, but rose afterward due to the way alcohol metabolized.
  • Medical Conditions or Interfering Substances - Conditions like GERD or diabetes, or substances like mouthwash, can produce falsely elevated BAC readings.
  • Constitutional Violations - If your Miranda rights were violated or you were denied access to legal counsel, certain statements may be inadmissible.

Each of these defenses requires technical legal knowledge and a deep understanding of DUI science. An experienced Denver multiple DUI attorney will develop a comprehensive approach that includes motion practice, negotiations, and trial readiness.

Why Fight Your Multiple DUI Charges in Colorado

Clients with prior offenses often ask why they should fight their case or why a jury would believe them if they have a prior offense. The burden of proof for the State does not change regardless if this is a first offense or a sixth. The district attorney cannot use your priors in trial (as long as you or your defense attorney does not “open the door”); the evidence and testimony in your case will be the determining factors of your guilt.

Prior offenses only come into play when determining the appropriate sentencing and penalties. Sentencing requirements for repeat offenders are more severe than those of first-time offenders unless there are aggravating factors, such as:

  • Accidents
  • Injuries
  • High BACs
  • Lack of cooperation or remorse
  • Etc.

The Legislator passed HB 1347 effective July 1, 2010, that increased penalties for multiple offenders. Multiple offenders are no longer eligible for alternative sentencing programs, and the minimum mandatory jail time has significantly increased. If you have been charged with a DUI, regardless of whether you have a prior offense, you need to seek the counsel of a competent and skilled Colorado DUI defense law firm.

Turn to Us for a Seasoned Denver DUI Law Firm

The Orr Law firm's primary focus is DUI and criminal traffic defense. Rhidian Orr and his team of experienced attorneys have worked on thousands of DUI cases and garnered a reputation as one of Colorado’s best DUI law firms. When you bring your case to The Orr Law Firm, you know you are receiving legal guidance and representation from a team of lawyers and staff who focus their practice in this particular type of law and has demonstrated success navigating the difficult terrain of Colorado DUI laws.

Repeat offenders have the same rights as first-time offenders. Exercise your rights and hire the right Denver multiple DUI offenses lawyer. Call (303) 747-4247 or reach out online!

Frequently Asked Questions About Multiple DUI in Denver

What Is the Difference Between a DUI & a DWAI in Colorado?

In Colorado, DUI (Driving Under the Influence) and DWAI (Driving While Ability Impaired) are two distinct charges related to impaired driving. DUI is typically associated with a blood alcohol concentration (BAC) of 0.08% or higher, signifying a higher level of intoxication. DWAI, on the other hand, pertains to a BAC between 0.05% and 0.08%, indicating some impairment, though potentially to a lesser degree. In legal terms, both charges are serious and come with significant penalties such as fines, jail time, and driver's license revocation, though DUI typically results in harsher consequences.

What Are the Long-Term Consequences of Multiple DUI Convictions?

Multiple DUI convictions in Colorado bring extensive and long-lasting consequences that extend far beyond the immediate legal penalties. For individuals with multiple offenses, the long-term implications can affect driving privileges, professional licenses, and personal freedoms. Driver's license suspensions can last several years, severely limiting mobility and independence. These convictions often appear in background checks, potentially hindering job prospects and professional relationships. 

Personal relationships might suffer due to trust issues associated with repeated offenses. Furthermore, the financial burdens from fines, increased insurance premiums, and the costs associated with mandatory programs can be substantial. At Orr Law Firm, you can be assured that we not only defend clients from legal consequences but also provide guidance on how to mitigate these long-term impacts, striving to foster a path toward personal and professional recovery.

How Does the Express Consent Law Affect Me?

Colorado's Express Consent Law significantly impacts drivers suspected of DUI. By operating a motor vehicle in the state, drivers automatically consent to chemical testing if law enforcement suspects them of impaired driving. Refusal to undergo testing can lead to immediate penalties, including automatic revocation of the driver's license for a year or longer, regardless of the eventual outcome of the DUI charge itself. If you've refused a test or face DUI charges, contacting a multiple DUI attorney in Denver, such as Orr Law Firm, is crucial to understanding your rights and crafting a defense that mitigates the ramifications of the Express Consent Law.

Is a Multiple DUI Offense Considered a Felony in Colorado?

In Colorado, a DUI charge escalates to a felony if it is the fourth or subsequent conviction. Felony DUI carries severe consequences, including substantial jail time in a state prison, significant fines, and extensive issues regarding driver's license reinstatement. A felony conviction can also have a deep impact on employment opportunities and civil rights, such as voting and gun ownership.

Can Out-of-State DUI Convictions Affect My Charges in Colorado?

Yes, out-of-state DUI convictions can influence DUI proceedings in Colorado. Due to interstate compacts and the statutory requirements in Colorado, prior convictions for DUI, regardless of where they were obtained, count against you if charged again in the state. Understanding the interplay between state laws and past offenses can be difficult, but at Orr Law Firm, we provide clients with thorough counsel, ensuring all defenses are explored and their rights are vigorously advocated for throughout the process.

What Sets Us Apart From The Rest?

Orr Law Firm is here to help you get the results you need with a team you can trust.

  • Offer Free Consultations and Payment Plans
  • Proven Record of Dismissals, Reductions, and Acquittals
  • Highly-Qualified Defenders Who Know How to Fight for Results
  • Award-Winning Advocacy from Top Trial Lawyers in the Nation