2nd DUI Colorado


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  • What is the penalty for a 2nd DUI in Colorado?

  • The penalty for a 2nd DUI in Colorado will depend on the specifics of the individual arrest. Penalties may include jail time, fees, community service, and license suspension.
  • Is a second DUI a felony in Colorado?

  • Usually, a first or second (and even third) DUI in Colorado is considered a misdemeanor. Depending on the specifics of your charges, you could possibly face fines, license suspension, community service, and even jail time. There are some situations (such as if someone was killed or seriously injured) where the charges could be for a felony.
  • Can you beat a second DUI?

  • Yes, it is possible to be a second DUI, but it is almost impossible to do on your own. You should always speak with an attorney if you are facing DUI charges in Colorado. An attorney will be able to review your case from a legal standpoint and advise you on the best way to handle your case.

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Colorado takes DUIs very seriously. If you have a prior DUI conviction in the state, you know first-hand just how harsh the consequences can be if you are driving while under the influence. A 2nd DUI in Colorado can result in even harsher penalties that can have long-term consequences.

What Happens When I Get a 2nd DUI in Colorado?

Driving while under the influence is a crime, so drivers will face both criminal and administrative penalties. If you’re convicted of a 2nd DUI in Colorado, the consequences are significant.

With a first-time conviction, jail time is a possibility, but with a second DUI, it is mandatory.


2nd Colorado DUI Penalties

A second DUI is, in most cases, considered a misdemeanor, but it can be considered a felony if the DUI results in death or bodily injury to someone else.

Unlike in some other states, you can have a prior DUI conviction in another state and be charged with a second DUI in Colorado.

Penalties for a 2nd DUI include:

  • Jail Time. A conviction carries a minimum of 10 days in jail and a maximum of up to one year.
  • Fines. A second DUI conviction can result in fines of $600-$1,500. Surcharges and court costs add to the costs of this offense.
  • License Revocation. If you receive a second conviction within five years, you face a one-year license revocation. One month after the revocation period, you can apply for an interlock-restricted license. You will need to hold this license for 2-5 years before you can apply for any other type of license.
  • Probation. After a second DUI conviction, you will be put on probation for at least two years. An additional two years of probation is possible to monitor your behavior. Violating probation can result in up to one year in jail. As part of the conditions of probation, you will have to complete an alcohol/drug safety education or treatment program. You must also submit to alcohol monitoring.
  • Public Service. Anyone convicted of a 2nd DUI in Colorado must complete at least 48 and up to 120 hours of public service and pay a $120 fee.
  • Alcohol/Drug Treatment and Evaluation. All drivers convicted of a DUI must complete an alcohol/drug evaluation and treatment program.
  • Ignition Interlock Device. Any driver convicted of a second DUI will be required to have an ignition interlock device in order to be eligible for a restricted license. If your BAC is 0.08% or higher, the device will be required for one year or the remainder of the license revocation period (whichever one is longer). If your BAC was 0.15% or you refused testing, you must have an ignition interlock device for two years after license reinstatement.

In addition to these penalties, drivers convicted of a second DUI are also classified as a persistent drunk driver and will face additional penalties. These penalties include:

  • Level II alcohol education classes
  • Proof of financial responsibility, or SR-22 insurance coverage, for a minimum of two years, and
  • Mandatory ignition interlock device for a minimum of two years to be eligible for license reinstatement.

Alcohol Education and Treatment

The State of Colorado typically requires drivers who are convicted of a second DUI to complete a Class II alcohol education class and treatment program. The requirements for classes and treatment will depend on your BAC level and whether you refused testing.

  • BAC of less than 0.15%: 24 hours/12 weeks for education and 68 hours of treatment
  • BAC of greater than 0.15%: 24 hours/12 weeks for education and 86 hours of treatment
  • Refusing a chemical test: 24 hours/12 weeks for education and 86 hours of treatment

Treatment length can be extended if an alcohol evaluator determines that more sessions are required. You will be responsible for the cost of treatment and education classes, which can be $1,000 or more.

What if a 2nd DUI Causes Bodily Injury or Death?

If a second DUI causes bodily injury or death, it is considered a felony, and the consequences are even more severe.

  • If a DUI causes bodily injury to another person, it may be considered a class 4 felony in Colorado. The penalties include up to $500,000 in fines and 2-6 years in prison.
  • If a DUI causes death to another person in Colorado, it may be considered a class 3 felony. The penalties include fines of up to $750,000 and 4-12 years in prison.

When Should I Call an Attorney for a 2nd DUI?

Should I Hire a Denver DUI Lawyer or Criminal Defense Attorney?

If you have been charged with a 2nd DUI in Colorado, it is crucial to call an attorney immediately. A conviction can have serious, life-altering consequences. An attorney will advocate for your rights and fight for the best possible outcome in your case.





Chaput Law is a top-rated Colorado law firm that focuses on DUI and Criminal Defense. We represent clients in Denver, Highlands Ranch, Littleton Colorado, and all surrounding cities in Arapahoe and Douglas Counties.

If you are looking for a Denver DUI Defense Attorney that offers aggressive defense no matter the case, look no further.

Contact us today for a free consultation. Don’t make the mistake of trying to defend yourself or pleading guilty or no contest just because you want to get this behind you. A conviction for ANY charge can have lasting consequences that you should be aware of before making any decisions.

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