This post is to provide general information about a second DUI allegation if you would like more detailed information, click here to talk with a Colorado DUI attorney or call (303) 747-4686.
Second DUI or DWAI convictions involving alcohol, drugs, or both carry strong penalties. A lot will depend on how long ago was the first DUI, the current Blood Alcohol level, or substance, and driving pattern. You may want to review the potential consequence of multiple DUI convictions with a Colorado DUI lawyer. Any criminal conviction has consequence, if convicted of a second DUI you face jail time, license suspicion, alcohol monitoring, required interlock installation. You could lose your job and then be required to pay fees, fines, class fees, and the cost of SR-22 insurance. For information regarding the cost of a DUI please see our blog How much will this DUI cost me.
Will I go to jail for a second DUI conviction?
There is a mandatory 10 days in jail and the court may suspend up to a year in jail with a second conviction. The mandatory 10 days is in jail and cannot typically be served in an alternate program. Depending on the facts and circumstances of your case, you may be able to serve any additional jail time in a faculty that allows you to go to and from work, home dentition, or on weekends. Many Colorado DUI attorneys are familiar with the different facilities. Factors that will impact jail time include length of time between the first and second offense, BAC, and driving pattern.
Loss of license for a second DUI conviction
If you are convicted of a second DUI offense resulting from a previous conviction for dui/dwai or dui per se, you will lose you license for up to one year. You can apply for a restricted license, if you agree to have interlock installed after the license has been suspended for a minimum amount of time. A Colorado DUI attorney can explain the process to obtain a restricted license and the length of time for the interlock device. You will also be required to carry SR-22 insurance.
What if I am convicted in criminal court after the DMV suspends my license for a second DUI conviction?
Your license can be suspended in two different ways either by the DMV in the administrative action (which you can be represented by a DUI attorney) or upon a guilty conviction in court, which you have a constitutional right to a criminal defense attorney. If you are found guilty/pled guilty to the criminal charges AFTER a DMV hearing that resulted in a license suspicion, you will NOT face more time, the license suspension time would run consecutively to the DMV suspension. Meaning, if DMV suspends your license in January and you are then convicted in July, you will still only receive a suspension until the following January.
When will a Colorado DUI / DWAI conviction fall off my record
Criminal defense attorneys who regularly defend DUI’s in Colorado will tell you that a prior DUI / DWAI conviction will never fall off your conviction record. There is no washout period. In fact, Colorado DUI attorney, have seen instances when 10-year-old convictions used as a prior conviction to elevate the current DUI/DWAI charges.
An out–of-stat conviction for DUI can be used to enhance a current DUI allegation to a second offense. If you are charged with having an out-of-state prior, contact a Colorado DUI attorney to review your rights. The out-of-state conviction must meet the same elements of the Colorado statute, if it does not; then it may not be a prior conviction.
Thank you for visiting our post on Second DUI Convictions. For more information about Ms. Schmidt or to talk with a DUI attorney, contact us directly by clicking here or call us at (303) 747-4686.