- What Is the Legal Limit in Colorado?
- What Are the DUI Punishments in Colorado?
- What Does Jail Mean for A Colorado DUI?
- When Is a DUI Considered a Felony in Colorado?
- What Is a Prior DUI Conviction Under Colorado Law?
- How Much Does a DUI Attorney Costs?
- Do you need a DUI attorney for a first offense?
- What to do if you are searching for a “DUI Attorney Near Me”
What Are the DUI Punishments in Colorado?
A first time DUI has a minimum 5 day jail sentence, but the jail can be suspended upon the successful completion of an alcohol and substance abuse class. However, a DUI involving a blood alcohol content (“BAC”) above a .20 has a mandatory 10 days of jail. In addition to jail, a defendant will also be placed on probation. The typical length of probation for a first offense is one year. The standard requirements of probation for a DUI are to complete an alcohol and substances abuse class, complete a MADD Victim Impact Panel, complete community service, and submit the monitored sobriety. A conviction for DWAI first offense can be punished by up to six months in jail or a fine of up to $500.
A second DUI or DWAI has a mandatory minimum jail sentence of 10 day with a maximum possible sentence of one year. The jail sentence may be served on in-home detention if the prior alcohol related driving offense is greater than five years old. A third offense carries a mandatory minimum 60 days jail sentence with a maximum of one year. The mandatory minimum 60 days are not eligible for in-home detention. Second and greater DUIs also require a mandatory two-year probation period, and the court will suspend an extra one year of jail on a defendant upon successful completion of probation.
It is important to remember that the mandatory minimum sentences are the lowest the Court can impose on a defendant. While subsequent offenses have mandatory minimum sentences, the court will look at other aggravating factors and mitigating factors to determine the appropriate sentence. It is not unusual for judges to impose jail sentences higher than the mandatory minimum. There are actions that can be taken to help reduce the potential for jail. To better understand your situation, request a free consultation today.
What Does Jail Mean for A Colorado DUI?
In Colorado, a DUI jail sentence can be served in a few different ways, depending on the circumstances of your case and your eligibility:
- Straight Time: This means you serve your sentence in jail without any breaks—you’re taken into custody and remain there for the full amount of time ordered by the court.
- Work Release: This allows you to go to and from work, but you are required to return to the county jail each night to sleep.
- In-Home Detention (House Arrest): With this option, you’re allowed to leave your home for approved purposes like work, school, or court-ordered obligations, but otherwise, you must remain at home.
