Get a Skilled DUI Attorney to Handle your Second DUI Defense in Colorado

Driving under the influence seems like an easy charge to understand. Colorado DUI laws can be extremely complicated. This is especially true when a defendant has prior conviction on their record.

Prior alcohol and drug-related driving offenses include driving under the influence and driving while ability is impaired. Prior convictions require certain elevated penalties.

If you are arrested and charged with DUI, DWAI, or a similar offense, contact DUI Lawyer Lawrence. Get the defense you need. Our DUI attorney is based in Aurora. We often help clients in Arapahoe County, Douglas County, Adams County, and the Denver Metro Area.

Legal Meaning of DUI in Colorado

The legal definition of driving under the influence (DUI) is simple. It means driving a vehicle when you are significantly impaired. This impairment can be caused by drugs, alcohol, or a mix of both.

Operating a motor vehicle includes actually driving or being in actual physical control of the vehicle. Colorado law will presume you are substantially impaired if your blood alcohol content is greater than .08. Driving under the influence is an unclassified misdemeanor, and it is defined at C.R.S. 42-4-1301.

Driving while ability is impaired is the operation of a vehicle to a lesser degree of impairment. In these cases, the defendant must show impairment to the slightest degree. The blood alcohol concentration needed to establish a DWAI is .05.

Courts will handle a second driving while ability is impaired conviction the same a operating a vehicle under the influence.

How much serious is a 2nd than a 1st?

Courts routinely treat 1st offense of this nature as a learning experience. The focus is on treatment and rehabilitation. The likelihood of imposing jail time for a first offense is very low.

Judges view subsequent violations in a profoundly different light. Judicial officers often discuss statistics. Statistically, the likelihood of a person getting another infraction after a first is very low. A remarkably high probability of a 3rd also exists.

Hence, it is not uncommon for punishment to be more impactful. This impact comes through jail sanctions and lengthier probation.

The law also places requirements on a defendant while the case is pending. To be in the community prior to trial, a person must submit to pretrial services. This requires a defendant to abstain from alcohol/drug consumption and submit to monitored sobriety.

People with active cases bear this burden. However, it does have its rewards. Judges will look at compliance with monitored sobriety as an indicator for change. People that are compliant can use this compliance as a basis for requesting leniency.

What is a Prior Conviction under Colorado DUI law?

Colorado designates the following offenses as prior alcohol related convictions:

• DUI

• DUI Per Se

• Vehicular Homicide (DUI)

• Vehicular Assault (DUI)

• DWAI

• Driving under Restraint (Alcohol Related)

Remember that there is no time limit on the convictions. A guilty finding from 30 years will still be as valid as one that happened a year prior to the incident.

This also applies to any previous DUI done in any other state or territory in the United States. The age of prior offenses is a factor the Court’s will consider.

For out of state convictions, it is important to look at the statutes of that state. Some jurisdictions have laws that outlaw actions that are not illegal in this jurisdiction. For example, failing to submit to chemical testing in Louisiana is illegal. Refusing chemical testing in Colorado is not illegal.

The age and location will also impact the punishment that the Court could potentially impose.

What is a conviction for a prior alcohol related driving offense?

A conviction is a legal term of art. This means a defendant either entered a plea of guilty or a jury found them guilty. The court must also sentence a defendant for their crime.

Prosecutors offer some defendants plea agreements that do not lead to sentencing. A deferred judgment, for example, does not result in a conviction entering. In that case, the court will expunge a defendant's record after the defendant completes a probationary sentence.

The term conviction is the important. If there is no prior conviction, even though there was a charge, the law will impose the sentencing requirements of a first offense. However, the prosecutor and court will consider the previous charges in formulating a punishment.

What is the Punishment for a Second DUI in Colorado?

A second DUI is an unclassified misdemeanor. It carries a maximum jail sentence of one year. The Court must impose a mandatory minimum of 10 days in jail. 

A defendant can serve jail on straight time or work release. If the prior conviction happened more than 5 years before the last conviction, the court could allow home detention instead of jail. 

A defendant must serve a two-year probation. The court will suspend one year of jail time if the individual completes probation successfully. 

Probation will require a defendant to stay sober under supervision. They must finish level 2 substance abuse classes. They also need to attend a MADD Victim Impact Panel. Lastly, they must complete community service.

The mandatory minimum is just that as well, it is the minimum. The Court will look at a variety of factors in determining the appropriate remedy. This would include the BAC, the length of time, and the facts surrounding the case. 

Mitigation is also important. Colorado law requires individuals with prior DUI offenses to submit to monitored sobriety while the case is pending. Courts consider compliance with monitored sobriety and other mitigation.

How does this type of charge impact my driver's license?

The courts do not have control over driving privileges. The criminal case will emphasize that individuals should not operate a motor vehicle without a license.

The Department of Motor Vehicles handles driving privileges. The Colorado Express Consent will revoke licenses prior to the conviction entering. Drivers who take a breath test or refuse it must act right away after the offense. They have a seven-day period to challenge the revocation.

Individuals that submit to blood testing will have to wait for the results to come back. The state will process the results and send a letter informing them of the revocation.

Express consent is not the only threat to a defendant's license. Convictions for alcohol driving infractions can result in an administrative revocation. This type of revocation depends on when it happened, the blood alcohol level, and if drugs were involved.

Colorado Revised Statutes require a 12-month revocation following a second violation of express consent.

Can I keep my license after a 2nd DUI?

To challenge a revocation, a defendant must request a DMV hearing. This is an administrative hearing where a person challenges the basis for losing their license.

The hearing feels like a trial, but it is different in profoundly significant ways. The burden of proof is not beyond a reasonable doubt. Instead, the conclusion relies on a preponderance of the evidence. This is a lower standard used in civil cases.

Additionally, an administrative hearing officer hears the matter instead of a jury. Rules of evidence are also relaxed. Hearsay, while not admissible in criminal trials, is admissible at this type of hearing.

If a person loses their license, they may still be eligible for early reinstatement. A defendant must get an interlock device, enroll in level 2 alcohol classes, and obtain SR-22 insurance.

Drivers who submit to testing can apply for early reinstatement as soon as authorities revoke their privileges. Drivers who refuse testing must wait 60-days before applying.

Is it worth hiring a DUI lawyer?

Criminal defense is complex, and it is not something someone should navigate without guidance. The answer to "is it worth hiring a dui lawyer" rest largely on the specifics of your case. An attorney can help you find ways to beat a DUI. Our firm understands defense strategies, field sobriety tests, and law enforcement procedures.

A DUI defense lawyer could also help mitigate the consequences and argue for the less amount of punishment.

At a minimum, it is always advisable to speak with an attorney. Most criminal defense attorneys offer free consultations. This is a chance for you to meet with a lawyer. You can learn about the legal parts of your case and what to expect.

Speak with an Aggressive DUI Attorney Today

No two DUI cases are alike. Each case and each defendant need a DUI defense lawyer to create a defense that fits their situation and goals. If you are facing a DUI or DWAI charge in Aurora or the Denver Metro Area, get in touch with us. Request a consultation today.

We are open during regular business hours. We can stay late and be available on weekends if requested.

Schedule a free consultation with a 2nd DUI defense attorney from the Lawrence Law Firm. We are ready, willing, and able to represent you.

Mr. Lawrence will provide a case evaluation free to you and without any obligation. We adapt to your financial circumstances, meeting your budget without compromising your legal defense. If authorities charge you with a 2nd DUI, you need a strong defense.