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.