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Everyone deserves a second chance after a DUI.
After all, your first DUI may have been a simple mistake. People are less forgiving, however, after a second DUI arrest.
If you thought you had to fight hard after your first DUI charge, you are going to need to fight twice as hard to avoid the heavy penalties that come with a second DUI conviction.
In this post, we’re going to detail how consequences increase with second DUI offenses.
If you are convicted of a second DUI in Colorado, you may face the following penalties:
License Suspension
Drivers may face up to a year without a license. This can seriously affect your ability to get to work or live a productive life.
Ignition Interlock Device Installment
Colorado may not give out this penalty after a first-time conviction, but it is mandatory after a second. Once a driver gets their license back, they will have to install an ignition interlock device (IID) that requires them to take a breath test before they drive. These devices cost to install and come with monthly fees as well.
Jail Time
After a second conviction, you will have to spend 10 days behind bars – minimum. You could face up to a year.
Alternatively, you could be placed on probation with a set of conditions you have to follow.
Fines
DUI penalties aren’t just a pain – they’re costly. Penalties may include between $1,000 and $5,000 in fines. If your driving caused an accident, you may also have to pay restitution to victims.
Other Penalties
Offenders could have to take a mandatory alcohol education course to finish their sentence. Judges may also sentence the offender to community service.
If you are still allowed to drive after your DUI, a judge may tack 12 points onto your license. This could have a serious effect on penalties if you are subsequently arrested for DUI or reckless driving.
Penalties will be increased even further if you face aggravated charges. A .017% BAC counts as an aggravating factor. If you were arrested after causing a crash or hitting someone with your car, you may also face charges like manslaughter.
There are a lot of possible sentences for a second DUI. Some are worse than others. Even something as seemingly innocuous as losing your license could cause you to lose your job.
As you talk to your lawyer about the various ways to defend yourself, don’t discount the option of entering into a plea negotiation to reduce the charges and consequences you face.
How does it work?
A plea negotiation is pretty simple. It is an exchange of a guilty plea for a reduced sentence. You will still have the crime on your record and be subject to even harsher penalties for a third or fourth DUI, but you will have more control over your sentence.
Of course, you still have the option of fighting the charges. It is possible that the Breathalyzer was broken or that the police officer unlawfully searched your car or took a breath test.
If you fight the charges and win, you don’t have to face any penalties, and can easily expunge the arrest and charge from your criminal record. However, if you fight the charges and lose, you won’t be able to negotiate your sentence and may be subject to the maximum penalties.
DUI arrests and charges are no joke in Colorado – especially if it’s not your first time. Before you make any big decisions about your case, consult with a Denver criminal defense lawyer.
About the Author:
Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Mr. Martinez has been designated a Top 100 Trial Lawyer by the National Trial Lawyers and has been awarded both the Avvo Client’s Choice Award and Avvo Top Attorney designation, evidencing his reputation for his exemplary criminal and DUI defense work and high moral standards.
Jury Trial - Not Guilty
Jury Trial - Not Guilty
Arapahoe 1st Degree Assault/Vehicular Assault
Jury Trial - Not Guilty
Denver Domestic Violence Assault Case
Jury Trial - Not Guilty
Denver D.V. Assault
Jury Trial - Not Guilty
Denver Careless Driving Resulting in Death
Jury Trial - Not Guilty
Jefferson County Felony Menacing
Jury Trial - Not Guilty
Adams County DUI
Jury Trial - Not Guilty
Jefferson County DUI
Jury Trial - Not Guilty
Jefferson County DUI
Jury Trial - Not Guilty
Jefferson Vehicular Assault/DUI
Jury Trial - Not Guilty
Jefferson County DUI
Jury Trial - Not Guilty
Boulder County DUI case
Jury Trial - Not Guilty
Arapahoe County DUI case
Jury Trial - Not Guilty
Adams County DUI case
Jury Trial - Not Guilty
Douglas County DUI case
Jury Trial - Not Guilty
Gilpin County DUI case
Dismissed
Broomfield County Probation Revocation case
Dismissal
Arapahoe County DUI case
Deferred Judgment
Arapahoe County DUI case
Deferred Judgment
Douglas County DUI case
Deferred Judgment
Larimer County DUI case
Deferred Judgment
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Deferred Judgment
Denver Felony Burglary Case
Deferred Judgment
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Arapahoe County Protection Order Case
Dismissed
Golden Destruction of Property case
Dismissed
Jefferson County Protection Order case
Dismissed
Jefferson County Domestic Violence case
Dismissed and Sealed
Jefferson County DUI case
Dismissed
Denver Major Traffic Offense case
Dismissed and Sealed
Broomfield County Domestic Violence case
Dismissed
Summit County DUI Revocation
Dismissed
Denver DUI Revocation
Dismissed
Denver DUI Revocation
Dismissed
Denver DUI +.2 Involving Accident and Injury case
Dismissed
Denver DUI/Habitual Traffic Offender case
DISMISSAL
Denver District Aggravated Theft
Dismissed
Greenwood Village Assault case
Dismissal
Elbert County DUI
Dismissed
Arapahoe County Domestic Violence case
Dismissal
Jefferson County DUI
Dismissal
Denver Municipal Assault
Dismissed
Boulder County Domestic Violence Assault case
Dismissed
Wheat Ridge Assault case
Dismissed
Jefferson County DUI case, with 2+ Prior Convictions
Dismissed
Arapahoe County Domestic Violence case
Dismissed
Broomfield County Domestic Violence case
Dismissed with No Charges Filed
Jefferson County Felony Theft case
Dismissed
Arapahoe County Felony Theft case
Dismissed
Boulder County Felony Theft case