DUI First Offense
When a person is convicted of DUI First offense or driving under the influence (DUI) for the first time in the state of Colorado, it could result in jail time. If there is no prior criminal history, the judge may show some leniency however, this is not guaranteed.
DUI First Offense – DUI First Offense per se
Penalties for DUI first offense
•Jail – minimum five days, maximum one year – Judge has discretion on whether to suspend. As a condition of a suspended jail sentence, a judge must order an alcohol evaluation and any recommended treatment.
•Probation – No minimum up to a maximum of two years.
•Community Service – minimum 48 hours up to a maximum of 96 hours.
•Fine – minimum $600, maximum $1000.
•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.
Judge has the Discretion to Suspend Jail for a First Offense
In some cases, the judge will suspend the five-day jail sentence and order that the convicted undergo alcohol and drug evaluation. Depending on the results of the evaluation, the judge may order the person to attend alcohol and drug classes and therapy sessions. Should this not be completed, the judge will reinstate the jail sentence.
DUI First Offense for BAC of 0.20 or More
•Jail – minimum Ten days, maximum one year If the person’s BAC was 0.20 or more at the time of driving or within two hours after driving.
•The court has the discretion to allow a person to serve the ten days through different sentencing alternatives to jail.
Sentencing Alternatives Available to the Judge
Any county may provide a program whereby any person sentenced to the county jail upon conviction for a crime, nonpayment of any fine or forfeiture, or contempt of court may be granted by the court the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes
•Working at his or her employment;
•Conducting his or her own business or other self-employed occupation including housekeeping and attending to the needs of the family;
•Attendance at an educational institution;
•Home detention; or
•Day reporting. A court may order a person to serve a sentence directly to an available day reporting program if the court deems such a sentence to be appropriate for the offender.
•Home detention means a defendant is allowed to serve his or her sentence, or a portion thereof, within his or her home or other approved residence.
•The defendant has to remain at home at all times except for approved employment, court-ordered activities, and medical needs.
•Supervision will include monitoring by electronic or global positioning devices that are capable of detecting and reporting the defendant’s whereabouts.
In addition to the above penalties, the judge can request that the convicted abstain from alcohol use or agree to monitored sobriety for alcohol consumption through the probation department. Another alternative would be to attend a victim impact panel that is coordinated by Mothers Against Drunk Driving(MADD).
Maintaining driving privileges is the main reason that people will hire an experienced DUI defense lawyer. Many factors play a role in a person losing their driver’s license, such as refusal to take a blood or breath test. Anyone who has been charged with a DUI should contact Brian Musell at Musell Law, an attorney that has the knowledge to research and navigate the DMV so that driving privileges are not lost.
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