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Third DUI

Colorado laws regarding DUI aren’t light by any means, but you’re unlikely to face a felony after a first or even second DUI. However, if you’re charged with a third or subsequent DUI, then you should expect to face a felony-level penalty. A third or subsequent DUI conviction carries an automatic mandatory minimum of up to 60 days in jail. You’ll also be forced to carry the label of a “Persistent Drunk Driver” or PDD.

If you or someone you know has been charged with a third or subsequent DUI, it’s within your best interest to gain legal representation as soon as possible. Hiring a Colorado multiple DUI defense attorney will significantly increase your chances of having reduced or dismissed charges. The state of Colorado does not take kindly to repeat offenders, so it’s crucial you do whatever you can to have a defense ready.

Third DUI Offense Denver Lawyer

Understanding the penalties of the crime is just the first step, now it’s imperative you hire an experienced Denver DUI defense attorney to start building your defense. You can take that next step by calling the skilled legal team at Law Office of Matthew A. Martin, P.C.. Matthew Martin of Law Office of Matthew A. Martin, P.C. has over two decades of representing clients who’ve been accused of DUI for the first, second, third, or subsequent time. His in-depth understanding of BAC testing, police procedures, and DUI law can be your greatest asset when you step in the courtroom.

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

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What’s the DUI Limit in Colorado?

Although it’s common knowledge driving under the influence is illegal, every year thousands of Colorado citizens are charged with DUI or DWAI. While a first or second DUI has restrictive penalties, you can come out of either genuinely unscathed. A third or subsequent DUI, on the other hand, is a different story and can result in a lifetime of consequences.

To be charged with a DUI, law enforcement must have reasonable suspicion you’re DUI or probable cause for why they are pulling you over. They can then ask you to submit to chemical BAC tests to prove your intoxication or arrest you on the spot if you refuse testing. For the chemical tests, the officer is attempting to get a reading of .08 % BAC with either a breathalyzer, blood sample, or urine sample. If they do have a reading of .08 BAC, then they can automatically arrest you on a DUI per se charge.

Colorado also has a legal limit pertaining to marijuana. If you’re found with five nanograms of marijuana per milliliter of blood, then the officer can arrest you on driving while ability impaired (DWAI). Although similar to DUI, a DWAI charge is when a person is only slightly impaired, but still isn’t clear-headed enough to safety operate a vehicle.

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What Happens When You Get Your Third DUI?

The state of Colorado is generally forgiving when it comes to a first DUI, but the more convictions you have the less lenient they will be. A third DUI conviction is technically still a misdemeanor, but the penalties for it are quite harsh. It also includes a mandatory minimum jail sentence, which is unusual for a misdemeanor charge.

A third DUI is a misdemeanor, which is punishable by the following:

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

The penalties for third driving while ability impaired (DWAI) conviction is listed below.

  • 60 days to 12 months in jail
  • fines of $600 to $1,500
  • 48 to 120 hours of community service
  • 8 DMV points

Underaged drivers will face a class 2 traffic misdemeanor for a third DUI conviction. The penalties for that can be found below.

  • 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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Persistent Drunk Drivers in Colorado

After a second DUI conviction, the Colorado Division of Motor Vehicles will automatically label you as a persistent drunk driver (PDD). The label of PDD will require you to complete a level II alcohol education and treatment course as well as hold SR-22 insurance for at least two years.

Thankfully, you have the option to challenge a PDD label at a Colorado DMV license hearing. You must request your hearing within seven days of your DUI arrest, so it’s important you act quickly. At the hearing, your attorney can utilize various defense strategies to challenge the PDD designation such as saying an error existed on the BAC test, the arrest was unlawful, or there was no actual probable cause to the stop.

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Additional Resources

Colorado’s Drunk Driving Laws – Visit the official website for the Colorado General Assembly to learn more about the various laws surrounding drinking and driving in the state. Access the site to learn about penalties, consequences for refusing a BAC test, and the PDD designation.

NO DUI Colorado – Visit the official website for NO DUI Colorado, a site set up by the state’s DMV to explain DUI administrative and criminal penalties. Access the site to read up on how the court determines license suspensions, how you can contest said suspension, the alcohol and drug education treatment courses, and other relevant information.


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Denver Third DUI Attorney | Colorado DUI Lawyer

If you or someone you know has been charged with driving under the influence, whether it’s your first or third charge, we urge you contact Law Office of Matthew A. Martin, P.C.. Attorney Matthew Martin has 28 years of trial experience he can put to the test with your case. He’s seen every hurdle and strategy the prosecution has in their arsenal and can use that knowledge to his advantage.

Call (303) 725-0017 now to set up your first consultation today. Law Office of Matthew A. Martin, P.C. has offices in Denver and accepts clients throughout the greater metropolitan area Douglas County, Jefferson County, Arapahoe County, Adams County, and Boulder County.