Is Probation an Option for Colorado DUI?
If you or someone you love has been charged with DUI, you may be wondering about the legal repercussions. You may have heard that DUI convictions can result in probation. While this is true, there are also many other possible penalties in addition to probation. Furthermore, probation depends largely on how many prior offenses you have for DUI. Continue reading to learn more about the specifics of probation.
While you may be familiar with the term probation, you may not fully understand how it works. Typically, if you are convicted of a DUI under Colorado law, you will be subject to probation as part of your sentence. However, there are two kinds of probation, supervised and unsupervised. Not to mention, other factors come into play such as your number of prior offenses. In most cases, if you have been convicted a second or subsequent time for DUI, a probation sentence will be mandatory.
A First Offense
For those convicted of a first offense DUI, it is possible to escape a probation sentence, although not guaranteed. The courts will review the specifics of your case and make a determination on whether you will be ordered to complete a probation sentence. While first-time offenders are not guaranteed to face probation, it is still a very likely reality as the court system favors probation in many cases.
One form of probation is unsupervised probation, and it sounds exactly like it is, you will be unsupervised and responsible for yourself. However, this type of probation is the exception not the rule. Typically, it is only used in various unique situations with additional mitigating factors. In many cases, a judge will not consider unsupervised probation an option in the first place. If this unlikely scenario occurs be aware that you will be self-motivated to complete and comply with all orders from the court, as well as providing evidence that you have done so.
Supervised probation is a much more likely consequence of a DUI conviction. Supervised simply means you will be required to meet with your assigned probation officer on a monthly interval. You can expect probation to be assigned for a period of 1-2 years if this is your first DUI offense. If it is your second or subsequent offense, you can expect probation to be assigned for a period of 2-4 years.
Part of the consequences will be that you are required to pay a supervision fee for these services. They will be paid to the probation department or will be worked in as part of your court costs. It is also highly probable that you will be required to complete community service as part of your sentence. Furthermore, you will not have a say in who your probation officer is but will be assigned with someone whether you like them or not. It will be up to the probation officer to determine the frequency of required alcohol testing, depending largely on the results of prior testing and other extenuating factors in your case.
With so much on the line, if you have been charged with DUI seek the compassionate, experienced assistance of a criminal defense attorney!