June 21, 2010

Colorado Acts - DUI and Alcohol Related Traffic Offenses


DUIs and other Alcohol Related Driving Offenses
HB 10-1347 42-4-1301 DUI’s
(1)  New laws impose mandatory minimums and specifically states, “THE PENALTY SHALL CONSTITUTE A SEPARATE PERIOD OF IMPRISONMENT THAT THE OFFENDER SHALL SERVE IN ADDITION TO THE IMPRISONMENT COMPONENT OF HIS OR HER ORIGINAL SENTENCE.” (Thankfully, the language does not state “consecutive to…”)
(2)  DUI First Offense - Jail sentences and other penalties:
a.     Any DUI 1st conviction carries 5 days mandatory jail (convictions include deferred sentences).
b.    A DUI conviction with a BAC of a .2 or more carries a minimum of 10 days jail.
c.     $600 minimum fine;
d.    48 UPS hours mandatory minimum;
e.     The period of probation cannot exceed two years.
(3)  DWAI First Offenses
a.     2 days mandatory jail
b.    DWAI conviction with a BAC of a .2 or more carries 10 days mandatory minimum with a maximum of a year;
c.     $200 fine;
d.    24 hours UPS;
e.     The period of probation cannot exceed two years.
(4)  Second Offenses - Alcohol Related Driving -
a.     “AT LEAST TEN CONSECUTIVE DAYS BUT NO MORE THAN ONE YEAR.”
b.    Not eligible for earned time or good time during mandatory tens days, but the sentencing court must give any credit for any time previously served.
c.     48 UPS hours minimum, 120 UPS hrs maximum;
d.    1 year jail suspended;
e.     2 years minimum probation;
f.      If the offense occurred within 5 years of a previous conviction, the Court must impose jail – NOT work release or any other sentencing alternative – unless in school, employed, or attending alcohol classes.
(5)  Third or more alcohol related offense –
a.     60 days jail; not eligible for earned time or good time;
b.    $600 fine minimum;
c.     48 UPS hours up 120 UPS hrs;
d.    2 years minimum probation;
e.     1-year jail suspended.
(6)  Probation for 2nd and 3rd Alcohol Related Offenses –
a.     1 year jail suspended;
b.    Level II Education and Therapy;
c.     Court may impose an interlock device;
d.    Court can terminate probation early if all hurdles jumped.

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