What to Do About a Second DUI

By January 19, 2017Thomas Law Firm


A second DUI offense in Colorado is considered a misdemeanor, unless you cause an accident, which may boost the offense up to a felony.

A second DUI results in a one year driver’s license suspension, assuming you submit to a blood or breath test upon arrest. If you do not consent to the test, then the license suspension will be for two years. Once you have been arrested, you have seven days to seek an administrative hearing with the DMV, otherwise the license suspension will become active. Usually, you will be issued a seven-day driving permit to cover you until your hearing.

The penalties for a second DUI are a little harsher than those for a first DUI. You’ll spend a minimum of 10 days in jail and may be fined anywhere from $1,000 to $5,000. If convicted, your license will be suspended dependent on how long it has been since your first DUI (and Colorado has no lookback period, so even a DUI 20 years ago still counts). You may also be sentenced to 60 to 120 hours of community service.

Can I Plead Guilty to a Lesser Offense for Less Penalties?

In some cases, you are able to plead guilty to a lesser offense and receive less penalties as a result. With a second DUI, though, the courts will probably not allow this unless there is some mitigating factor. Your best course of action moving forward is to discuss your case with a drunk driving defense attorney.

Our Denver DUI attorneys are former prosecutors and know the strategies the other side will use to try to maximize your penalties. We know how to help you if you are accused of DUI.

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