Colorado DUI Offenses
Get Counsel from Our Denver DUI Attorneys
The following important facts outline the details of a first, second, and third DUI offense, including penalties, fees, insurance, and jail time.
Single & Multiple DUI Offenses
- DUI First offense: For your Colorado DUI first offense, you face a license revocation by the Colorado Department of Revenue, Division of Motor Vehicles, especially if you do not go to the DMV to request a hearing within the mandatory seven calendar day period after being arrested for a Colorado DUI. 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 if you failed a test and for 1 year if you refused to take a test. The maximum criminal punishment for a DUI in Colorado is one year in jail, along with a $1,000 fine, 96 hours of community service, two years of probation, a MADD Victim Impact Panel and 110 hours of alcohol education and therapy.
- DUI Second offense: For a Colorado DUI second offense, the law dictates that you must spend a minimum of ten 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. HB 1347 that went into effect July 1, 2010 has significantly changed the penalties for multiple offenders. It is critical for you to understand that on second and subsequent offenses, Colorado does not bifurcate or distinguish between DUI or DWAI convictions. Any alcohol or drug-related conviction will be considered a prior. Once you are on a second or subsequent offense, the penalties are exactly the same regardless of whether your priors or current conviction is for DWAI or DUI.
- DUI Third offense: A Colorado DUI third offense will require a minimum sentence of sixty days in jail and up to one year in a county jail. If you are found to be a habitual traffic offender and a drunk driver, 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?
Why hiring the Right Colorado DUI lawyer is important
Going to court alone to defend yourself in a DUI first, second, or third offense is never a good idea. Doing so could result in the maximum penalties outlined above, including maximum jail time, maximum fines, maximum probation, and maximum loss of license. Hiring an experienced lawyer ensures that you are doing all that you can to defend yourself in your DUI case.
Rhidian Orr of The Orr Law Firm is a Denver DUI attorney in Colorado who focuses almost exclusively on DUI and criminal traffic defense. With passion and fervor, Rhidian Orr and his team can defend you in your DUI case to help you maintain your rights. Rhidian Orr has dedicated his practice to defending those accused of DUI and other serious criminal traffic offenses in Colorado and is nationally recognized as leading one of the top DUI firms in the state.
To learn more about Rhidian Orr and his team of trained professionals, contact The Orr Law Firm for a FREE consultation to discuss your case.