Repeat Offender: What If I Have More Than One DUI Charge/Felony?

Public safety is at risk when people drive drunk. Law enforcement has dedicated a great deal of attention into addressing the prevalence of drunk driving in their public roadways.

Warrantless Breath Tests Are Legal

Recently, the Supreme Court of the United States, in Birchfeld v. North Dakota, ruled that the Fourth Amendment of the U.S. Constitution permits warrantless breath tests incident to arrests for drunk driving – making the refusal to submit to a breathalyzer test at a drunk driving stop and arrest a crime in addition to DUI and related drunk or impaired driving charges.

Multiple DUI Convictions in Colorado

Prior to 2015, Colorado treated all drunk drivers equally. It did not matter how many prior DUI convictions a drunk driver had, the penalty was the same if it was the first drunk driving conviction or the tenth drunk driving conviction.

The suspected drunk driver received a ticket and was given a date to appear in court. The highest charge was a misdemeanor if there was not injury to people or property. Over time, a DUI conviction was seen by some drivers like a parking ticket or a part of driving. Organizations like Mothers Against Drunk Driving (MADD) were quick to point out that a DUI conviction was not a deterrent to drunk driving.

That think however changed in late 2015, when the Colorado passed a law making a fourth DUI a class 4 felony. Led by Governor John Hickenlooper’s efforts, the penalty for a 4+ DUI convictions is now up to 6 years in prison and a fine of up to $50,000. Any and all prior convictions for DUI or DWAI, in or out of the state and regardless of age count as a prior conviction and trigger the 4+ felony charge and penalties.

DUI Convictions, First to Third

All DUI offenders are subject to civil and criminal penalties.

Criminal Penalties:

  • Jail Time: Up to one year for first through third DUI conviction.
  • Fines: Range from $1,000 for first offense to $1,500 for second and third offenses.

Civil Penalties:

  • Driver’s License Suspension: 9 months first offense; 1 year second offense; 2 years third offense.
  • Ignition Interlock Device: Required with second and subsequent DUI convictions.

Other penalties may include 96 hours of community service, two years of probation, attendance at a MADD Victim Impact Panel, and 110 hours of alcohol education and therapy.

Every DUI Case Is Unique

If you or someone you know has been charged with DUI (Marijuana) in Commerce City or the surrounding areas of Arvada, Brighton, Aurora, Federal Heights, Northglenn, Strasburg, Thornton, Westminster, and Bennet you will need the help of an experienced Commerce City, Colorado DUI Defense Lawyer. Contact the Law Office of John Anderson where we will provide information, analyze your, case and recommend a prompt solution to your DUI (Marijuana) matter, including trial if necessary.