Helping Drivers with Prior Dui Convictions

More and more drivers charged dui in Colorado are ending up in jail. Recent changes to Colorado Revised Statues § 42-4-1301, require defendants with prior dui or dwai convictions to serve five to ten days minimum in jail - even if the last conviction occurred twenty years ago. If there is an aggravating factor in your case such as driving under revocation or an accident the chances of serving lengthy jail time increase. Third time offenders can almost always expect a long jail sentence - up to one year in the county jail. If you've been declared a habitual traffic offender and drive drunk, you may actually end up doing hard time in Department of Corrections for this class 6 felony!

Colorado Revised Statutes § 42-2-125 also contains some nasty surprises for anyone convicted of an alcohol offense who has one or more prior dui or dwai convictions. This laws authorizes the Colorado Department of Revenue to revoke your drivers license for various periods of time - up to five (5) years - because of prior dui or dwai convictions.

In addition to mandatory jail time, persons convicted of two DUI's within a five year period are subject to a license revocation of one year under § 42-2-125(1)(g)(I). Drivers with three DUI or DWAI convictions in a life-time are subject to license revocations of two years. The periods may be longer if coupled with other circumstances such as refusal to take a chemical test which results in a one year revocation which must run consecutively to any other revocation.

Drivers with three dui or dwai convictions within seven years (or a combination of dui, dwai, reckless driving, hit and run, etc.) may be revoked for a period of five years. During this period of revocation, the driver will be considered a habitual traffic offender under section 42-2-202 and 42-2-203, C.R.S. and subject to additional revocation time and lengthy mandatory jail or prison terms if he or she drives during the revocation period.

Finally, drivers who have been revoked for multiple dui or dwai convictions are subject to the provisions of § 42-2-132.5. This statute requires persons with multiple dui convictions to drive with a restricted license for at least one year after having the driving privilege reinstated and also requires the installation of an interlock device.