Denver DUI Second Offense Lawyer

Colorado treats second DUI offenses very seriously. Whether your first DUI conviction happened a month ago or 20 years ago in another state, being arrested a second time counts as a second DUI offense. Not only does a second DUI offense require a mandatory jail term, but you could very well lose your privilege to drive for up to a year. As such, it is important to contact an attorney as soon as you can to start working on your defense. Denver DUI second offense lawyer Reid DeChant at DeChant Law can help you get started.

What Are the Penalties for a Second DUI in Colorado?

A first DUI offense carries some serious penalties. A second DUI offense, however, bears an entirely other level of consequences, including a mandatory jail sentence and the loss of a driver’s license for a year, unless the defendant establishes the officer did not meet the burden to revoke the license at an express consent hearing. Some possible penalties for a second DUI offense include:

10 days to one year in jail
Driver’s license revocation of up to a year
$600 to $1,500 in fines
48 to 120 hours of community service
Suspended jail sentence of one year
2 to 4 years probation
Level II alcohol education and treatment
Mandatory installation of an ignition interlock system (for 2 years)
SR-22 insurance

Mandatory Jail Time

A second DUI conviction requires 10 days of jail. However, how old your first DUI conviction matters. A second conviction within five years requires a minimum of 10 days in jail. These 10 days must be served consecutively. A judge may allow work release so that the individual does not lose their employment. However, most Colorado judges award much more than 10 days in jail for a second DUI conviction. If the prior DUI conviction happened more than five years ago, a judge may issue house arrest instead of jail for the minimum 10 days required.

Having the Charges Reduced or Dismissed

As a second time DUI offender, you will be labeled by the state of Colorado as a persistent drunk driver. However, simply being arrested for a second DUI does not mean that it will end with a conviction, that you will be labeled as a persistent drunk driver, and that you will lose your license for 12 months. We have been able to help many clients have their sentencing reduced or the charges completely dismissed by:

Questioning witnesses and obtaining relevant video surveillance
Reviewing the discovery (written report, video, photos, etc.) for errors
Questioning the reason for the initial traffic stop. Was there reasonable suspicion?
Questioning how the BAC test or sobriety test were performed
Questioning whether a medical condition of yours lead to a failed sobriety test
Investigating other areas of potential police misconduct, including how evidence was handled
Taking a personalized approach to understanding who you are and how your story helps explain what is going on

Call a Denver DUI Second Offense Lawyer Today

Depending on the outcome of our investigation into police misconduct, violations of rights, medical evidence, etc., the prosecution may simply be forced to drop the case. If the errors don’t rise to dismissal, we can leverage them for a more favorable deal to minimize the damage. Denver DUI second offense lawyer Reid DeChant at DeChant Law is available to answer questions and concerns you may have and can be reached today at 303-409-7500 for a free case evaluation.