Third Offense DUI or DWAI in Colorado

The 3rd offense DUI or DWAI in Colorado is a very serious matter.  Driving under the influence (DUI) requires.08% blood alcohol content (BAC) while driving while ability impaired (DWAI) requires a BAC between .05% and .08% BAC.  A few things are important to note in Colorado. 

Colorado DUI Facts

One is that there is no restriction on the look back  period; in other words even if your first DUI was 20 years ago, the judge may consider that offense in his/her minimum sentencing recommendation.  Second, there is no expungement of convictions in Colorado, and even if a record is sealed, it is available to the courts and law enforcement. The DUI law strictly prohibits expunging or sealing DUI convictions.  Thirdly, there is no good time allowance for DUI so if you are sentenced to jail time, the entire sentence must be served.  Therefore, if you are convicted of a DUI in Colorado, it will be on your permanent record available to not only law enforcement, but potential employers as well.

In Colorado, as in most other states, there are two sets of penalties:  Administrative ones through the Department of Motor Vehicle; and criminal penalties handed down through the courts.

Administrative Penalties

• 24 months loss of license
• 8 points on your license for DWAI
• 12 points on your license for DUI

Criminal Penalties

• 60 days to one year in jail (DWAI will be on the lower end of the minimum sentence)
• $600 to $1,500 in fines
• 48 to 120 hours of community service

It is important to note that many judges in Colorado have begun requiring more severe jail sentences for third time offenders, usually 9 months to a year even though they are not required to do so. There are certain instances where there is an in home detention allowed by the mandatory sentencing guidelines. 

On each offense in Colorado, sentences will be enhanced if the BAC was over .15%; and more if the BAC was over .20%.  There are some programs in Colorado MOP and a new MOD offered in some counties.  These are programs for multiple offenders and are geared toward work release and education.  Some of the programs are recommended while others are actually longer than the jail sentence would have been. 

Talk to a Lawyer

DUI’s in Colorado are very expensive and very serious and, remaining on your record forever, can impact the rest of your life.  If you have been arrested for a DUI or a DWAI, contact an experienced DUI attorney for assistance.