According to Colorado’s law, a fourth or subsequent DUI results in a felony charge. However, new HB17-1288 now makes it a requirement when a court sentences the person to probation that they are also required to order one of the following as condition of probation:
1. The defendant would be required to spend from 90 days to 120 days in county jail. This sentence cannot be reduced based on good-time deductions, only by time spent in custody prior to the conviction.
2. The defendant would be required to spend from 120 days to 2 years in county jail under an alternative sentencing program. These programs are meant to rehabilitate the defendant while they are serving their time. Again, this sentence cannot be reduced based on good-time deductions, only by time spend in custody prior to the conviction.
Because the new bill makes one of these two options a condition of probation, it closes a loophole that existed in the law before. Previously a judge could order probation on a fourth or subsequent DUI offense and the defendant could avoid jail time.
The bill also creates a few more conditions of probation, including at least 48-120 hours of public service, the completion of a level II alcohol and drug driving safety education or treatment program and any other requirements the judge sees fit.