No one wants to be arrested for DUI. The hassle, expense, criminal record, and potential jail time are horrifying. But if you have a prior offense for drunk driving in Colorado, the consequences can be even graver.
When you fear for your freedom after a Denver DUI, there’s only one criminal defense attorney to choose from: the Law Office of Richard B. Huttner. Our office has excelled in DUI defense for decades and is known as Denver’s top DUI defense firm for second offenses. Attorney Huttner has resolved over 5,000 criminal defense cases and more than 100 jury trials. When you hire him for your second DUI offense, you get a highly skilled Denver DUI defense attorney who puts his clients first and never backs down.
Second Offense DUI Punishments And Penalties
The threshold that determines a second DUI is the same used for other DUI convictions. DUI in Colorado is defined by a blood or breath test. If a test shows that your BAC is over 0.05%, it is evidence of impairment. A reading of 0.08% is considered to be under the influence of alcohol and will result in a second DUI charge.
The penalties for driving drunk in Colorado are severe. If you are charged with a DUI for the second time, the penalties increase. If convicted, there is a mandatory minimum jail sentence of at least 10 days and you can receive up to a year in jail, a $1,500 fine, 12 points on your license, and your driver’s license suspended for a year. Additionally, you face up to four years of probation, 120 hours of community service, and mandatory attendance of alcohol or drug education courses.
Also, jail time of at least 10 days is usually required for a second DUI in Colorado, and a DUI can involve intoxication from alcohol as well as marijuana. Colorado has legalized the recreational use of marijuana. It is presumed that you are under the influence if lab tests show five or more nanograms of THC in your bloodstream.
A second DUI is still a misdemeanor in Colorado. However, if there is bodily injury or death in an accident related to the DUI, the charge is a felony.
There is no time limit for how long the state has to look back regarding DUIs. If you were convicted of your first DUI within 5 years of the previous one, in custody incarceration is mandatory and must be consecutive days. If the prior offense was outside of five years, home detention is available, however most Judges impose some jail along with in home detention. The Judge may be lenient during sentencing if there are many years between your first and second DUI. Keep in mind that DUI convictions in other states count. So, if your first offense DUI was in Utah, that will be counted on your record in Colorado.
Additional Consequences Of A Second Offense DUI
Colorado drunk driving convictions will hurt your record for years. Other potential consequences of a second DUI conviction are:
- More expensive auto insurance: Your rates will rise significantly and could even double. Large carriers may deny auto insurance coverage, possibly requiring you to turn to costly, high-risk insurance companies.
- Employment problems: Most employers frown on persistent drunk drivers. You could lose your job in certain instances, particularly if you are a truck driver or drive for your job. Your future job options could also be hindered. For instance, getting a well-paying job in education, law, healthcare, finance, or the military could be closed to you forever.
- Difficulty traveling: Do you like to travel? With any drunk driving conviction, going to Canada and other countries could become almost impossible. It may also be impossible to rent a car.
License Reinstatement Requirements For Second DUI
Your driver’s license will be suspended for at least one year after a second drunk driving conviction. It is possible in some instances to get your license reinstated early if you follow these requirements:
- Apply for driver’s license reinstatement with the state
- Pay a $95 driver’s license reinstatement fee
- Show your SR-22 from your auto insurance company
- Complete an alcohol or drug course and treatment (Level 2)
- Install an ignition interlock device for a minimum of two years on every car you own and drive
How A Denver DUI Attorney Can Help You
If the state convicts you for a second DUI, you are considered a ‘persistent drunk driver.’ This will have a detrimental effect on your ability to drive and live a normal life. The sooner you retain a skilled DUI defense attorney in Denver, the better the odds of preserving your driving privileges. Here’s how your lawyer could help your DUI case:
Save Your Right To Drive
Note if you refused a test or took a breath test and the officer gave you a notice of license revocation, you have just seven days from your second DUI arrest to ask for an administrative hearing to preserve your driving privileges. If you don’t act quickly, your license will be suspended. Contact Attorney Huttner immediately. He will make sure you meet the deadline for this critical DMV hearing. During the hearing, your attorney will also make the strongest argument to prevent your license from being suspended.
Offer Robust Second DUI Defenses
A skilled DUI lawyer in Denver can assist with collecting evidence and potential plea bargaining with the prosecutor. The case could go to trial if a favorable deal cannot be reached. Depending on the case evidence, Attorney Huttner will help you find any of the following problems with the arrest that could benefit your situation:
- Denver police did not have probable cause to pull you over
- The police incorrectly administered the field sobriety tests
- They used faulty equipment to do a blood alcohol test
- Evidence against you was mishandled or illegally gathered
- You have a medical condition that resulted in an inaccurate BAC test
Many DUI attorneys in Colorado are leery of going to trial, but not criminal and DUI lawyer Richard Huttner. He has taken DUI cases to trial more than 100 times and obtained the best case outcome in the vast majority of them. With Attorney Huttner at your side, you have a trial-tested attorney who will always fight for you.
Second Offense DUI Plea Bargains And Alternative Sentencing
Second DUI charges in Colorado are serious, but an experienced Denver DUI attorney could help you secure a plea bargain. Plea bargaining means negotiating with the prosecutor to make an agreement that works for both sides. Possible benefits of your attorney securing a plea bargain for your DUI offense are:
- Lower charges: The prosecutor might agree to reduced charges for your DUI offense. For instance, reducing a second DUI offense to reckless driving could keep you out of jail.
- Reduced penalties: If you plead guilty or do not contest the DUI charge, the prosecutor could recommend a lesser penalty, or making a sentence concession
- Staying out of jail: Depending on the case, you might reduce or even avoid jail time. Some defendants can qualify for alternative sentencing, such as community service or probation.
Contact Our Skilled DUI Defense Attorney In Denver
Were you arrested for a second-offense DUI in Colorado? This is a severe charge under Colorado DUI laws that could upend your life. However, criminal and DUI lawyer Richard Huttner has defended people like you for 31 years. Attorney Huttner is ready to fight for your rights and freedom today and will always fight to obtain the best possible case result. Contact the experienced DUI lawyer at the Law Office of Richard B. Huttner today at (303) 981-6366. Our office handles criminal defense cases in Denver and the surrounding area.