Driving under the influence of drugs or alcohol is illegal in the State of Colorado. The penalties for a DUI offense depends on if the individual has prior convictions for driving under the influence. For example, second-offense DUI charges may be handled differently, depending on when the first DUI took place. If the second offense DUI is within five years of the first offense, the penalties are harsher. The penalties for a second-offense DUI in Northern Colorado include a minimum of 10 days in jail, up to one year in the county jail.
If you have been charged with driving under the influence for the second time, seek help from a Colorado Front Range second-offense DUI lawyer. They could help you avoid the consequences of a conviction. Speak to a tenacious criminal defense attorney to learn about your legal options. Let Justie and Jenn help your case.
If the second offense DUI is within five years from the first offense, there is a mandatory penalty of 10 days minimum in jail. If the DUI is within five years of the first conviction, then ten days minimum must be served either by jail or work release. In-home detention or ankle bracelet is not an option if the offense is within five years of the prior offense.
If the second offense is outside of five years from the first, there is still a mandatory minimum of ten days of jail. However, a Colorado Front Range second-offense DUI lawyer could look at the option of in-home detention or the use of an ankle bracelet if the court will allow.
On a second offense DUI, the law requires at least two years of supervised probation. The court will sentence someone between two to four years of supervised probation. If the person is successful and follows the terms of their probation, the court may allow the person to terminate their probation early, depending on the circumstances.
After a second-offense DUI charge in Colorado, the driver’s license will usually be revoked. After a successful reinstatement of the license, a person will usually have to get an interlock restricted device installed on their vehicle for two years. There are usually other requirements associated with reinstatement of driving privileges including completing alcohol education classes as well as getting high-risk SR-22 type insurance.
Regardless of what happens in court, the Division of Motor Vehicles (DMV) is a separate entity, and they determine what happens with an individual’s driver’s license. It is imperative that upon getting arrested or charged with a DUI, a person must request an Express Consent Hearing within seven days of their arrest or charges. If they fail to request a Hearing within seven days, their license will be revoked.
Even if the individual were acquitted at trial or the DUI charges were to be dismissed, and they miss their opportunity to have an Express Consent Hearing, there will be a revocation of the driver’s license. It is best to seek help from a diligent attorney immediately after an arrest to help ensure they are able to keep their license and their ability to legally drive in Colorado.
Drivers can apply for a restricted license after being charged with a second offense in Colorado after the mandatory 30-60 day of suspension. The time frame an individual is unable to drive legally is solely dependent on whether they participated in alcohol testing (blood or breath) or if they refused testing. If an individual participates in testing, the revocation period would only be 30 days. If they refuse testing, the period of revocation is 60 days.
Lawyers look at a number of factors when defending a case involving DUI charges. They are looking at whether or not the officer had reasonable suspicion of probable cause, what the blood alcohol level, or BAC, was and what the facts are surrounding the case. An experienced Colorado Front Range second-offense DUI lawyer should advise those who have been charged of the potential penalties of a second offense conviction, which is much harsher than a first.
You do not need to fight the charges alone. Let Jenn and Justie help. Call Nicol Gersch Law today to schedule a free consultation.