When a person is convicted of DUI Third offense or driving under the influence (DUI) for the third time in the state of Colorado, it could result in jail time. The penalties for a DUI Third 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 Third Offense
- Jail – minimum sixty consecutive days, maximum one year.
- Probation – At least two years starting after any initial jail time.
- 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.
Can I receive earned or Good time for DUI Third Offense?
During the mandatory sixty-day period of imprisonment, you are not be eligible for earned time or good time. However, if you are sentenced to more than sixty days on a DUI third offense, you are eligible to receive earned or good time for the remaining sentence.
DUI Third Offense – Sentencing Alternatives
- Continuing a position of employment that the person held at the time of sentencing for said violation;
- Attending 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.
DUI Third Offense – Probation Conditions
- As a condition of probation for a DUI Third Offense, the court must sentence a person to a period of probation of at least two years.
- Suspend one year of county jail with no credit for any jail time served prior to being placed on probation.
- Possible require residential alcohol treatment at a community corrections facility.
- May require the person to appear before the court at any time during the person’s period of probation.
- The court may require the person to use an approved ignition interlock device during the period of probation at the person’s own expense.
- Possibly require the person to submit to continuous alcohol monitoring using such technology or devices as are available to the court for such purpose; and
- Impose additional conditions of probation that are permitted by law.
DUI Third Offense Early Termination of Probation?
Terminating probation early is possible for a DUI second offense and DUI third offense. A person may petition the court for early termination of probation when the court finds:
- Successful completion a level II alcohol and drug driving safety education or treatment program;
- The person has otherwise complied with the terms and conditions of his or her probation; and
- Early termination of the period of probation will not endanger public safety.
We Fight For Your Rights
If you are facing charges for your third DUI or DWAI, you need to hire a criminal defense firm that has experience successfully defending cases where the prosecution and the court will assume you are guilty because of your prior convictions. O’Malley and Sawyer, LLC will fight your DUI case every step of the way in order to obtain the best possible outcome.