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Repeated DUI Offenses

Repeat DUI Offense Lawyer in Denver

Colorado is among the states that have created a lesser offense to DUI, called DWAI, meant to ensnare and convict motorists who were not guilty of driving with a BAC of .08 or above. An offense of Driving while Ability Impaired (DWAI) can be charged if a driver tests between .05 and .08.

Additionally, a driver can be found guilty of driving under the influence (DUI) even with a BAC below .08, if it can be shown driving abilities were adversely affected by alcohol or drugs. In order to maximize the number of arrests and resulting court revenue, the state has also created a “Baby DUI,” which permits charges to be filed against drivers younger than the legal drinking age of 21 who test with virtually any amount of alcohol in their system, beginning at just .02.

Any of these charges are likely to result in targeting by law enforcement and frequent future traffic stops. And, regardless of whether you are convicted of DUI or DWAI, either charge counts as a prior offense, significantly enhancing the penalties of another conviction.

First Underage Drunk Driving
$100 fine.
Up to 24 hours community service.
3 month license suspension.
2nd or 3rd offense UDD
Up to 90 days in jail.
Alternative sentencing.
Up to $300 fine.
Up to 24 hours community service.
6 month to 1 year license suspension.
First DWAI - Misdemeanor
2 days to 180 days in jail.
Alcohol and drug evaluation and counseling.
Up to 2 years probation.
$200-$500 fine.
Up to 48 hours.
No license suspension.
First DUI - Misdemeanor
5 days to 1 year in jail.
Alcohol and drug evaluation and counseling.
Up to 2 years probation.
$600-$1,000 fine.
Up to 96 hours public service.
9 month license suspension.
First DUI BAC > .2 - Misdemeanor
10 days to 1 year in jail.
Home detention.
Up to 2 years probation.
$600-$1,000 fine.
Up to 96 hours community service.
9-month license suspension.
2nd DUI/DWAI with 5 years - Misdemeanor
10 days to 1 year in jail.
Possible home detention.
2 to 4 years probation.
$600- $1,500 fines.
Up to 120 hours community service.
1 year license suspension.
3rd DUI/DWAI with 5 years - Misdemeanor
60 days to 1 year in jail.
Possible home detention.
2 to 4 years probation.
$600- $1,500 fines.
Up to 120 hours community service.
2-year license suspension.
4th DUI - Felony in Colorado
4th Offense - Felony.
Class four felony - 2 to 6 years in prison.
Probation orders carry up to two years in jail.
Fines of at least $2,000 and up to $500,000.
Vehicular Assault CRS § 18-3-205
Intoxicated driving that results in serious bodily injury.
Class 4 felony.
2 to 6 years in prison.
$2,000-$500,000 fine.

Beating the DUI charge can result in a charge of reckless driving:
Class 5 felony.
1 to 3 years in prison.
$1,000 to $100,000 in fines.
Vehicular homicide § 18-3-106 CRS
Causing the death of a person under the influence.
Class 3 felony.
4 to 12 years in prison.
At least $3,000 to $750,000 in fines.

Beating the DUI charge in a vehicular homicide case can result in a charge of recklessness.
Class 4 felony.
2 to 6 years in prison.
At least $2,000 to $500,000 in fines.

DUI Defense in Denver

Nobody plans to get arrested for drunk driving once, let alone repeatedly. Yet the surest way to get re-arrested is to have a drunk driving conviction on your record, which will likely lead to frequent stops and targeting by law enforcement.

A first offense is also the easiest to beat, or to win a reduction of the charges. For these reasons, experienced drunk driving defense attorneys in Denver always advise clients to fight the charges in court.

Those facing charges should consult with a drunk driving defense  lawyer in Denver or the surrounding areas, including Highlands Ranch, Littleton, Ken Caryl, Columbine, Golden, Lakewood, Broomfield, and Arvada.

Call drunk driving defense lawyer James Colgan for a free and confidential consultation to discuss your rights. Call 720-909-6425 today.

Frequently Asked Questions

In Northglenn, Colorado, the consequences of multiple DUI convictions escalate with each offense. A second DUI within five years results in 10 days to 1 year in jail, up to 120 hours of community service, and a 1-year license suspension. A third offense within five years leads to 60 days to 1 year in jail, and a 2-year license suspension. A fourth DUI is classified as a felony, carrying 2 to 6 years in prison and substantial fines. These increasing penalties highlight the importance of legal representation. It is crucial to seek representation from a defense attorney experienced in handling multiple DUI cases.
A defense attorney can assist a repeat DUI offender in Northglenn, Colorado, by challenging the legality of the traffic stop, the accuracy of breathalyzer or blood tests, and any procedural errors during the arrest. We can negotiate with prosecutors to reduce charges or penalties and seek alternatives to incarceration, such as treatment programs. Additionally, we provide representation in court, ensuring the offender's rights are protected and working towards the best possible outcome in the case. Our expertise is critical in navigating the complexities of multiple DUI cases and mitigating the penalties involved.
The lookback period for DUI offenses in Colorado is critical for understanding the escalation of penalties for repeat offenses. Specifically, Colorado law takes into account DUI convictions within a period of 10 years to determine the severity of the penalties for subsequent offenses. This period influences the classification and severity of the penalties, with subsequent DUI convictions within this timeframe resulting in harsher punishments, such as longer license suspensions, increased fines, and mandatory jail time. Consulting with a defense attorney can help understand how prior offenses may impact your current case.
A defense attorney can assist a repeat DUI offender in Northglenn, Colorado, by providing several crucial services. They can challenge the legality of the traffic stop and the accuracy of breathalyzer or blood tests. They might negotiate with prosecutors to reduce charges or penalties and seek alternatives to incarceration, such as treatment programs or home detention. They also represent you in court, ensuring your rights are protected and working towards the best possible outcome. This can include contesting the administrative license suspension and the criminal charges to minimize the long-term consequences of a conviction. To discuss your case, contact us.

Additional Information in Northglenn, Colorado

Behavioral Health Administration - Information for people with a DUI or DWAI: Comprehensive information on required education and treatment programs for DUI offenders. It explains the different levels of education and therapy, how to find and enroll in approved programs, and how to obtain proof of completion. This resource is helpful for repeat DUI offenders in understanding and complying with court-ordered requirements, potentially mitigating penalties by demonstrating proactive engagement in mandated programs.
SAMHSA - Types of Services Provided by Programs for Driving Under the Influence or Driving While Impaired Clients: Analysis of the types of services offered by substance abuse treatment facilities specifically for DUI/DWI offenders. It highlights the prevalence of facilities that provide specialized programs, the therapeutic approaches used, and the importance of addressing comorbid psychiatric disorders in DUI/DWI clients. This information is valuable for a repeat DUI defense case as it can help identify suitable treatment programs, demonstrate commitment to rehabilitation, and potentially mitigate penalties by showcasing participation in evidence-based therapeutic programs.
Colorado General Assembly - Alcohol Monitoring For Impaired Driving Offenders: Discusses the requirements for increased alcohol monitoring for impaired driving offenders. The act allows for early license reinstatement with an interlock-restricted license for those with a DUI, DUI per se, DWAI, or excess BAC. It mandates at least 90 days of continuous alcohol monitoring for repeat offenders or felony offenses, with exceptions if monitoring isn't feasible. This information helps a DUI repeat offender defense case by understanding potential monitoring requirements and exceptions.

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11990 Grant Street #550
Northglenn, Co 80233

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