A Second DUI requires a Skilled DUI Attorney to Defend the case in Colorado
Driving under the influence may seem like an easy case, but they are often very complicated. This is especially true when there is a prior conviction on your record. Alcohol and drug-related driving offenses include driving under the influence and driving while ability is impaired. If you have been accused of impaired or drunk driving, you are facing serious penalties, especially if you have prior DUI offenses. You may face high fines, jail time, loss of driving privileges, and more. If you’ve been arrested and charged with DUI, DWAI, or a related offense, contact with DUI Lawyer Lawrence and get the DUI defense representation.
Legal Meaning of DUI in Colorado
The basic legal definition of driving under the influence ("DUI") is the operation of a motor vehicle while your ability to drive is substantial impaired by drugs, alcohol, or a combination of drugs and alcohol. 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.
What is a Prior Conviction?
Colorado law will consider any priors committed in an individual’s lifetime for purposes of determining priors for sentencing consideration. This also applies to any prior DUI committed in any other State or territory in the United States of America. The age of prior offenses is a factor the Court’s will consider. If you have questions about a DUI, and you have prior offenses, contact our firm today for a free consultation. The age and location will also impact the punishment that could potentially be imposed by the Court.
What is the Punishment for a Second DUI in Colorado?
A second DUI carries a maximum jail sentence of one year. The Court will be required to impose a mandatory minimum 10 days of jail. A defendant can serve jail on straight time or work release. If the prior conviction was outside 5 years from the date of the previous, the jail sentence can be served on in-home detention. A defendant will also be required to serve a two-year probationary sentence, and the court will suspend a year of jail upon the successful completion of probation. Probation will require a defendant to submit to monitored sobriety, complete level 2 substance abuse classes, complete a MADD Victim Impact Panel, and 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.
Speak with an Aggressive DUI Attorney Today
No two DUI cases are the same, and each case and each defendant requires a DUI attorney to tailor a defense to their case and goals. If you are charged with a DUI or DWAI offense is Aurora or the Denver Metro Area, request a consultation today. We are open during regular business hours, and we will stay late and be available on the weekends if necessary. Schedule a free consultation with a 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 you are charged with a second DUI, you need a strong defense. Request a consultation today.