DUI Second Offense – Outside of 5 Years
The police stopped and charged you with a second DUI. It’s been over five years since your last DUI, but the stakes are still high. After the experience with your first DUI, you know the penalties for a second DUI may include fines, driving restrictions and even jail time.
What is your first step? If you’re smart, you’ll contact an attorney right way. At DUI Law Firm Denver, our team acts as soon as we receive your case.
The Right Defense Team for a Second DUI Outside of 5 Years
In Colorado, a prior DUI from any state counts against you. The new DUI charge counts as a subsequent offense, even after five years without an alcohol-related violation. However, the right defense team can fight for you to receive a lesser penalty when the new offense is outside of the five-year timeframe.
No matter how long it’s been since your first DUI, don’t expect the officers, prosecutors or judge to go easy on you. In fact, with a subsequent DUI, the penalties will be harsher than your first DUI. Most states, including Colorado, take drinking and driving seriously which means you face tough consequences for a second DUI.
The charge for a second DUI after five years is a misdemeanor, unless serious bodily injury or death occurred because of the DUI. Then, the charges could become a felony.
Penalties for DUI Second Offense
Penalties for a Second DUI:
- Jail time from 10 days to one year
- Fine up to $1,500
- Driving revocation for one year
- Up to 120 hours of public service
- Mandatory alcohol education classes
The one good thing if it’s been over five years since your first DUI offense is the judge has more discretion for sentencing. When a second DUI occurs within five years, you receive a mandatory incarceration sentience of at least ten days.
Especially if you are employed or in school at the time of the offense, the judge is likely to give a sentence that allows you to continue to work or go to school.
What to Expect from DUI Law Firm Denver
We work as a team from the moment we receive your call to defend your case.
We work hard to settle cases out of court. This includes filing the necessary paperwork and working on your behalf to avoid administrative penalties, like loss of driving privileges and high fines.
We take a scientific approach and use our technical knowledge to call into question the results of sobriety tests. By using the science behind the prosecutor’s evidence, we position your case for the best possible outcome.
If your case does go to court, we send two attorneys to represent your case. This team approach makes a stronger defense to help you get the best results. With a second DUI offense outside of five years, it’s even more important to have the right team on your side to avoid incarceration.
Shows a conviction for one of the aforementioned eight offenses within five years of the sentencing date is subject to the same penalties as someone who has a similar conviction outside of five years. The only difference is the mandatory jail term: if the single prior offense is within five years, the judge cannot impose non-incarceration sentencing alternatives, such as in-home detention, day reporting, or electronic home monitoring. Therefore, a client who is convicted of DUI, DWAI, or DUI per se under these circumstances will serve at least ten consecutive days as an inmate in the country jail. There are very limited exceptions to this mandatory jail term. The judge may allow a defendant to leave jail: (1) for work, if the defendant had the job prior to sentencing; (2) for school, if the defendant was enrolled prior to sentencing; or (3) to participate in a court-ordered level II alcohol and drug education or treatment program.
Secure the Right Defense Team for Your Denver Repeat DUI
Let us help you defend your second DUI case. We offer a free initial consultation, which means there’s no risk in calling us to help. We help our clients navigate the scary and uncertain road after a DUI arrest. Contact DUI Law Firm Denver today!