Colorado has strict drunk driving laws. If you get charged with driving under the influence, a criminal background check will reveal whether you have a previous DUI conviction in this state or somewhere else. It doesn’t matter where your first DUI occurred. Your second will carry harsher penalties and stay on your record forever. Therefore it’s crucial to prevent a second charge from becoming a conviction. Here’s what to know about a second DUI charge in Colorado:
Colorado takes DUI crimes seriously. Anyone accused of having committed a DUI after already having been convicted faces harsher penalties, and even less flexibility from the prosecutor and court.
Penalties and other considerations for DUI-related crimes are detailed in Colorado Revised Statutes 42-4-1307.
Some facts you should know:
There are four ways to get labeled a “persistent drunk driver” in Colorado. Getting a second DUI conviction is one of them. The other three ways are:
Once you’re designated as a persistent drunk driver, the state revokes your license until:
Depending on the court’s orders, it could take four to ten months to complete the Level II education courses, and you’ll be stuck with an ignition interlock device and SR-22 requirements for even longer — a minimum of two years.
An ignition interlock device is a breathalyzer connected to your car’s ignition. If it detects alcohol in your breath, your car will not start. It costs around $100 to install the device and $50 to $75 per month in maintenance fees.
An SR-22 is a document your auto insurer files with the DMV. Missed premium payments can prompt the DMV to revoke your license. Keep in mind that after a second DUI conviction, your premiums will be considerably more expensive.
Colorado DUI convictions, including guilty pleas, will affect your record from youth to old age. The consequences can also have long-lasting effects on your:
Can pleading guilty to a second DUI before resolving an earlier case make both count as the first offense? The Colorado Supreme Court recently ruled on such a gambit.
In 2021, Woodside committed two DUI offenses between August and November. However, he resolved the cases in reverse order, so that he was convicted for his second offense first. When Woodside pled guilty for the August DUI, he nevertheless sought first-offense penalties. The court refused, holding that his prior conviction subjected him to second-offense penalties for the August DUI.
Woodside appealed the ruling, and the high court examined the matter in May of 2023. The court sided with the trial judge, saying:
“The plain language of Colo. Rev. Stat. § 42-4-1307(5)(a) does not require that conduct underlying a second offense pre-date conduct underlying the first. It requires only that a defendant have a relevant prior conviction at the time of sentencing for the second offense.” — People v. Woodside (Colorado, 2023)
One DUI conviction is more than enough. If you’ve messed up, or feel you’ve been unfairly stopped, arrested, and charged, get legal assistance.
An aggressive and experienced criminal defense attorney can challenge:
Pleading guilty means admitting to a crime, which is rarely advisable. Plea bargaining, however, involves negotiating with the prosecution for reduced charges or penalties in exchange for a guilty plea. This could help you avoid the worst aspects of a second DUI conviction.
You are innocent until proven guilty. Remember that. At Robinson & Henry, we have experienced defense attorneys who will fight for you. We know this is a stressful time for you. Don’t take it on by yourself. If you’ve been charged with DUI or DWAI, take a positive step now. Call 303-688-0944 for your case assessment.