What is Probation like for a Colorado DUI

The sentencing structure in for DUI or DUI Per Se charges in Colorado get progressively worse for a defendant as the number of convictions increases. A first offense will typically carry no jail time. Second offenses come with a mandatory 10-day jail sentence, and a third comes with a 60-day mandatory minimum sentence.

These are mandatory minimum sentences. Courts will routinely impose punitive sanctions above the mandatory time required. In addition to jail, defendants are required to submit to a period of supervised probation. 

Criminal charges are never easy to deal with. The traffic stop could be important. It is important to speak with law firms that handle impaired driving cases on a regular basis. Our Denver DUI Attorney is ready to speak with you today.

What does Probation for Generally look like?

Probation has standard terms and conditions that are applicable to any criminal case. First, a defendant shall not commit any new criminal law offenses. The standard terms do not define what a new law violation means.

It is generally the case this means all misdemeanor or felony cases. It also includes traffic infractions greater than 7-points. A speeding ticket will not cause issues. A new DUI will cause problems.

A common issue people on county probation for defendants is to continue driving after a conviction. A defendant will not be permitted to operate a motorized vehicle without a driver's license. It is important to handle the DMV hearing prior to being placed on supervision.

There are also restrictions on leaving the state. A defendant will be required to seek permission to travel. This is usually easy to obtain if the defendant is in compliance. It is always important to remember these types of requests take time to process.

There can be restrictions on a defendant’s ability to own firearms. It is possible to get charged with unauthorized possession of a firearm, if the defendant had the gun at the time of the offense.

While this requirement is standard, it is not automatically required in every case. The purpose of probation is to assist a defendant in living a law-abiding life. If there was no firearm, a court will find it hard to not be permitted to possess a firearm.

A defendant on probation will typically be required to maintain contact with their case worker. Check-ins are usually monthly and done via email or phone. 

The Court is the final authority over terms and conditions. If a defendant has issues with one or more terms, a motion can be filed to request modification.

Probation has Specific Terms for a DUI

Alcohol and drug related driving infractions have more specific terms. Defendants will be instructed to not possess or consume alcohol or controlled substances. They will also be required to submit to monitored sobriety. 

Monitored sobriety is usually done by way of uranalysis. An officer will check to see if there are alcohol metabolites in your urine to determine if a defendant is drinking. These tests usually occur 2-3 times a month, but they are random. A defendant would be required to call a testing line every day.

A defendant with two or more prior offenses will be required to use a SCRAM unit. This is a device that a defendant wears on their ankle. These monitors sweat secretions to determine if there are alcohol metabolites in the sweat. 

Colorado law requires a defendant to perform monitored sobriety. A first DWAI can result in 24-48 hours of community service. A first DUI has a possible 48–96-hour community service. Any subsequent DUI have a potential for community service in the range of 48-120 hours.

Driving under the influence of drugs is treated the same as an alcohol related case.

Community service must be completed at a non-profit organization. The hours are not required to be completed in the county in which the offense was committed. Defendants are usually provided a list of places where the community service can be completed. 

A defendant will be required to complete a drug and alcohol class. This is commonly referred to as a level 2 alcohol class. These classes are 2 hours a week, and the length is dependent on an evaluation. The evaluator will look at the defendant’s history, facts of the case, and number of previous convictions.

The first 24 hours of the level 2 consist of an education component. This is 12 weeks. After education, a defendant will be required to complete therapy. The length of therapy will depend on the number of prior offenses and blood alcohol concentration.

In some cases, probation could not require a defendant to complete therapy. However, the results of a chemical test can result in a revocation of driving privileges. The DMV will always require a defendant to complete education and therapy in order to reinstate their driving privileges.

Finally, a defendant can be required to complete a Mother’s Against Drunk Driving Victim Impact Panel. This is a meeting between defendants and victims. The purpose is to put a face to the victims of DUI. The hope is that defendants will take these statements to heart and change their behavior.

The requirements of an alcohol probation will be dependent on the case.  It is always important to speak with a DUI defense attorney prior to understand what you are facing. 

How Long is a Probation for a DUI in Colorado?

The length of probation is determined by the judge. The minimum length for a driving under the influence is typically one year. Depending on the facts the case, a defendant could be subjected to 18-months.

A second and subsequent driving under the influence has a mandatory probation period of 2 years per Colorado law. The court will also be required to suspend a year of jail on the condition that defendant successfully complete probation.

A defendant can always request early termination. To make this request, a defendant will have to complete the requirements of probation. This includes community service, monitored sobriety, and alcohol classes. 

The specific requirements for early termination will also depend on the defendant’s court. Some courts require a defendant to complete half of the probationary sentence prior to considering early termination. Others will permit early termination after 6 months.

In most jurisdictions, the courts will want to have some input from the probation officer. It is important to communicate with the supervising officer prior to making any such request. Including their position in a motion to terminate probation can speed the process up.

Each judge is different. Knowing the judge could help. Some judges will base their decision on early termination on a defendant's blood alcohol levels.

You should speak with our Colorado DUI Defense attorney to understand whether you would benefit from early termination.

Probation can be transferred from County to County

Colorado is a big state, and a defendant will be placed on probation in the county in which they reside. This can be problematic because sometimes people work or get DUI is different counties. Most jurisdictions will permit transfer.

Transferring Arapahoe County probation to Douglas County can be simple. Other counties require little effort, but it is up to the defendant to initiate that request. If a defendant violates their terms and conditions, a hearing will be held in the county where the case was originally heard.

The biggest county that has issues with transferring probation is Denver. That county does not have agreements in place with respect to transferring.

It is also important to know that a lot of jurisdictions use private probation companies for monitoring. A commonly used company is Rocky Mountain Offender Management. This is a for-profit company, and the monitoring costs are generally lower than county probation. In these cases, a criminal defendant will be given an office location in their area.

Benefits of Early Termination of Probation for a DUI

The biggest benefit of early termination is not being subject to any additional monitoring or legal processes. The secondary benefit is the financial relief that can be achieved.

These types of cases are expensive. From a financial perspective, it is death by a thousand cuts. The costs are cumulative and add up. Probation, for example requires a monthly supervision fees. Monitored sobriety is also additional monthly costs.

The quicker a defendant can complete probation and terminate supervision, the quicker they can stop having the pay these ongoing costs. This is a reason why most clients will benefit from starting classes and other things prior to the case being closed.

Speak with a DUI Defense Lawyer to Understand Probation.

It may seem simple and straight forward but understanding probation and court orders can be complicated. A competent DUI defense attorney can help minimize the requirements of probation. Our criminal defense lawyer provides free consultations.

The Lawrence Law Firm has been in practice for over 10 years. Over we have handled a vast amount of alcohol impaired driving cases and are ready to help. The firm offers flexible payment options for individuals charged with a drunk driving offense.

An attorney could provide great benefit, even to a first-time offender. It is important to have guidance on what can be done while the case is pending. This could greatly increase the chances of early termination.

We are willing to help anyone facing criminal charges offenses in Denver, Arapahoe County, Douglas County, Jefferson County, and Adams County. We serve Aurora and most metro areas. Call today if you have any questions concerning your case. Consultations are provided during normal business hours. We do offer after hours upon request.