How Can a Prior Conviction Affect My DUI Case?
A first-time conviction for driving while ability impaired (DWAI) or driving under the influence (DUI) can have serious consequences, even if you have never had any type of criminal charges in the past. Yet DWAI and DUI cases become much more serious when you are facing a subsequent offense. In other words, a prior conviction will affect your DWAI or DUI case, and more than one prior conviction can result in severe penalties. It is critical to have legal help whenever you are facing DWAI or DUI charges in Colorado, and our Denver DUI defense lawyers can explain in more detail how prior convictions can affect present charges.
Prior DWAI Convictions and Subsequent Charges
As you may already know, Colorado has a criminal offense for driving while ability impaired, which is a lesser offense than driving while intoxicated. This offense can be charged when a driver has a blood alcohol concentration (BAC) of 0.05 percent but less than 0.08 percent, and a first offense is a misdemeanor (unless the offense involves serious bodily injury or death). However, having a prior DWAI conviction and receiving a subsequent DWAI conviction means more serious consequences.
For a second DWAI, there is a 10-day mandatory jail sentence, and you can receive a sentence of up to one year in jail. You will also be subject to more severe penalties including a one-to-two-year driver’s license suspension and community service. A third DWAI will also have a 60-day mandatory jail sentence, a two-year driver’s license suspension, and additional penalties.
Prior DUI Convictions and Subsequent Charges
Driving under the influence is charged when a person has a BAC of 0.08 percent or higher. While a first offense and even a second offense (without any aggravating factors such as bodily injury) will be charged as a misdemeanor offense, even a second conviction comes with a mandatory jail sentence of 10 days and can include a longer jail term of up to one year. Being convicted of a second DUI will also result in a “persistent drunk driver” designation that comes with additional penalties and requirements.
Fourth DWAI or DUI Charges
While even one prior DWAI or DUI conviction can have a significant impact on a second conviction, the consequences become much more severe when you have three prior convictions and are again facing DWAI or DUI charges. A fourth DWAI or DUI is charged as a felony offense that comes with a prison sentence of between two and six years, a two-year driver’s license suspension, and additional penalties.
To be clear, having three prior convictions for DWAI or DUI, even if nobody was injured, will result in a fourth DWAI or DUI being charged as a felony offense and will result in a felony record upon conviction.
Contact Our Denver DUI Defense Lawyers
If you are facing any type of DWAI or DUI charges after a previous conviction, it is more important than ever to do everything you can to avoid a subsequent conviction. One of the experienced Denver DUI defense attorneys at DeChant Law can speak with you today about options for tailoring a defense strategy to your case. Do not hesitate to contact us to find out more about how we can assist you with your defense.
Source:
law.justia.com/codes/colorado/2021/title-42/article-4/part-13/section-42-4-1301/#:~:text=(2)%20(a)%20A,driving%20commits%20DUI%20per%20se
