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Second DUI

Most people at some point are either charged or pulled over for DUI at least at one point in their life. While the penalties for the crime are many, a first-time DUI conviction has relatively light penalties. However, a second DUI conviction is a much different story. Drivers who are facing their second DUI charge are subject to sentencing enhancements that could result in not just months, but up to a year in a county jail.

If you or someone you love has been arrested for their second DUI, it’s crucial you seek legal counsel as soon as possible. The sooner you start building your defense, the greater the chances of you receiving reduced or dismissed charges. Don’t wait another moment agonizing about the future. Instead contact an experienced Denver multiple DUI defense attorney today.

Second DUI Offense Attorney in Denver, Colorado

At the Law Office of Matthew A. Martin, P.C., we understand people make mistakes and that criminal charges can happen as a result of those misjudgments. That is why our offices goes out of their way to ensure each client is treated with the utmost respect and provided the best defense possible. Our managing defense attorney Matthew Martin has assisted his clients for decades avoid the harsh statutory penalties of DUI. He can do the same for you whether it’s your first, second or third DUI.

Set up your first consultation with attorney Matthew Martin by calling our office at (303) 725-0017. Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area including Jefferson County, Broomfield County, Boulder County, Arapahoe County, Adams County, and Douglas County.

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Colorado’s Drinking and Driving Laws

As with every state, Colorado has laws prohibiting drinking and driving. According to § 42-4-1301 of the Colorado Revised Statues, a person is guilty of DUI if they:

  • Have a BAC of .08% or higher
  • Have five nanograms or more of THC per milliliter of blood in their system
  • Are inebriated to the point they are physically and mentally incapable of exercising clear physical control or due care to operate a motor vehicle

Please note that if you have THC or any other controlled substance in your system you will face charges for driving while ability impaired by drugs (DWAI). Although DWAI is almost identical to DUI, the penalties upon conviction are slightly less. A DUI per se is when you’ve been arrested for DUI solely based off the fact your BAC is .08 % or higher.


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How Bad is a Second DUI in Colorado?

A second DUI may be classified as a misdemeanor, but the penalties for the crime are nothing to laugh at. The most notable difference between a first and second DUI is that for a second DUI the judge is obligated to sentence you to 10 days in jail if you’re conviction. The best way to avoid a mandatory jail sentence is to contact experienced legal representation.

Listed below are the possible penalties for a standard second DUI in Colorado.

  • 10 days to 12 months in jail
  • A fine of $600 to $1,500
  • 48 to 120 hours of community service
  • A 12-month license suspension
  • A requirement to install the ignition interlock device for two years.

The penalties for a second DWAI include:

  • 10 days to 1 year in jail
  • Fines of $600 to $1,500
  • 48 to 120 hours of community service
  • 8 DMV points

Underaged drivers also face enhanced penalties if they’re convicted of a second DUI. The penalties for a second or subsequent UDD charged as a class 2 misdemeanor include:

  • 10 to 90 days in jail
  • Fines of $150 to $300
  • 48 to 120 hours of community service
  • 6-month license suspension
  • Alcohol evaluation and treatment
  • 4 DMV points.

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Additional Resources

DUI Laws | Colorado Revised Statutes– Access the section of the Revised Statutes to learn more about the laws governing driving under the influence (DUI) in Colorado. You can read the precise definition of the crime, admissible defenses, find additional information about DWAI and DUI per se, and how juveniles are charged.

DUI Penalties | Colorado DMV – Visit the official website of the Colorado DMV to learn more about their administrative penalties for a second DUI. You can learn about expressed consent, what happens if you refuse BAC testing, alcohol courses, information about DMV hearings and reinstating an out-of-state license in Colorado.

 


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DUI Lawyer for Second Offense in Denver, Colorado

If you or someone you know has been charged with driving under the influence, it’s time you start a game plan for your defense. Get started today by calling the skilled and knowledgeably legal team at Law Office of Matthew A. Martin, P.C.. With decades of experience on our side, attorney Matthew Martin and his staff can guide you through this complicated legal process to the best possible result.

Set up your first consultation at (303) 725-0017 and we’ll discuss your legal options in detail.