Colorado takes DUI offenses very seriously. If you are arrested on a DUI charge for driving under the influence of alcohol or a DUI-D charge for driving under the influence of drugs, you could receive severe penalties. The potential consequences of a conviction increase significantly for repeat offenders.
For a fourth or subsequent DUI or DUI-D conviction, the charge changes from a misdemeanor to a felony, and the penalties rise sharply. When fighting a charge on your own, it is essential that you have an experienced DUI lawyer by your side. Christian A. Schwaner has over twenty years of experience handling DUI cases.
Reach out by phone or by completing the contact form on this website to schedule a free initial consultation.
The Penalties for DUI and DUI-D Convictions
Whether you are facing a DUI or a DUI-D charge, the potential penalties remain the same. However, if you already have one of these charges or a DWAI (driving while ability impaired) conviction on your record, the consequences will be more severe than for a first offense.
First DUI or DUI-D Offense
While milder than the charges you will face as a repeat offender, the penalties for a first offense can still be significant. A first offense is considered a misdemeanor, and the potential consequences include:
- Five days to one year of incarceration in jail
- A fine of between $600 and $1,000
- Up to two years probation
- 48 to 96 hours of public service
- A driver’s license suspension of nine months
Second DUI or DUI-D Offense
If you already have one DUI or DUI-D conviction on your record, the charge will remain a misdemeanor, but the potential penalties will increase to:
- 10 days to one year of incarceration in jail
- A fine of between $600 and $1,500
- Two to four years probation
- 48 to 120 hours of public service
- A driver’s license suspension of one year
Third DUI or DUI-D Offense
For a third DUI-D charge, the consequences will once again rise. While still a misdemeanor, the penalties can include:
- 60 days to one year of incarceration in jail
- A fine of between $600 and $1,500
- Two to four years probation
- 48 to 120 hours of public service
- A driver’s license suspension of two years
Fourth or Subsequent DUI or DUI-D Offense
If you already have three DUI or DUI-D convictions on your record, the penalties for a fourth or subsequent charge rise sharply. While previous offenses are treated as misdemeanors, a fourth or subsequent conviction will be prosecuted as a Class Four felony. The consequences of a conviction include:
- Two to six years of incarceration in prison
- A fine of between $2,000 and $500,000
- Formal probation
- 48 to 120 hours of public service
- A driver’s license suspension of two years
When Aggravating Circumstances Exist
In cases involving extraordinary aggravating circumstances, the prison sentence for a fourth or subsequent conviction can rise from two to six years up to four to 12 years. Some of the conditions that can result in this increased prison term include if you were on parole, probation, or bond for another felony offense at the time of your arrest.
Plea Bargaining Can Be Critical in a DUI or DUI-D Case
While beating a DUI charge altogether is clearly the desired outcome after an arrest, taking a plea deal might be the better path forward for your case. If the evidence against you is strong, attempting to beat the charge in court may not be worth the risk of losing. Instead, negotiating a favorable plea deal could have much better results.
Because of the increased penalties for subsequent offenses in DUI and DUI-D cases, plea bargaining can be especially critical. Your lawyer may be able to talk the prosecution down to a reckless driving charge. Pleading guilty to reckless driving will mean significantly lighter sentencing than a DUI or DUI-D conviction, especially if you are a repeat offender.
Chemical Testing Can Be Challenged in Court
If you are facing a DUI or DUI-D charge, there are a variety of defenses you can use to attempt to beat a conviction. While a chemical test showing a high blood alcohol concentration (BAC) may seem impossible to overcome, the truth is that these tests are often flawed and the results unreliable.
Faulty equipment and human error can tarnish the accuracy of these tests, and your lawyer will be able to provide many examples of false results to decrease the confidence of the jury in the results presented.
Of course, this defense will be even stronger if your attorney can uncover evidence of faulty equipment or mishandled evidence specific to your case. For example, showing that the chain of custody was broken will demonstrate that there is a high possibility that the results provided were accidentally swapped with another sample or intentionally tampered with.
Get Help from an Experienced Attorney When Facing a Repeat Offense for DUI or DUI-D
If you were arrested for a repeat DUI or DUI-D offense, securing experienced legal representation is essential. This is especially true when facing a fourth offense where the potential penalties increase significantly.
Christian A. Schwaner is well aware of the stakes when dealing with these charges. After working seven years on the other side of these cases as a deputy district attorney, he has spent nearly two decades fighting for the rights of those facing charges.
Schedule a free initial consultation today by giving us a call or completing our online contact form. We will review your case, answer any questions you may have, and advise you of your legal options.