When a person is convicted of DUI Second offense or driving under the influence (DUI) for the second time in the state of Colorado, it could result in jail time. The penalties for a DUI Second Offense are more severe than the first, and an experienced DUI attorney is necessary to look for any advantage you may have.
Penalties for DUI Second offense
Jail – minimum ten consecutive days, maximum one year. Probation – At least two years. Community Service – minimum 48 hours up to a maximum of 120 hours. Fine – minimum $600, maximum $5000. The court can suspend the fine. Points – 12 points against your Colorado driver’s license. In addition to any penalty, the court may impose a period of probation that shall not exceed two years, which probation may include any conditions permitted by law.
DUI Second Offense – Prior DUI Over Five Years Old?
If the prior conviction is more than five years old, there is a chance that the judge may substitute sentencing alternatives for the mandatory 10-day jail time.However, if the prior conviction is less than five years old, the 10-day minimum jail time must be served. Though work release may be substituted under certain circumstances. There is no “good time” credit allowed. Once again, there are judges who will not make any allowances and will order the 10-day jail time, regardless of when the prior offense occurred. Except that the person will receive credit for any time that he or she served in custody for the violation prior to his or her conviction.
DUI Second Offense – Sentencing Alternatives
- Continuing a position of employment that the person held at the time of sentencing for said violation;
- Continuing attendance at an educational institution at which the person was enrolled at the time of sentencing for said violation; or
- Participating in a court-ordered level II alcohol and drug driving safety education or treatment program
For this reason, it is best to contact a qualified Denver DUI Defense Attorney. Depending on the nature of the case, anyone charged a second time might be looking at driver’s license suspension for one year. They could also be required to have an ignition interlock device installed on their vehicle for up to two years or receive a Habitual Traffic Offender strike on their driving record.
