The possible punishments for a third offense DUI in Colorado rise substantially from previous convictions. While a third DUI conviction is still a misdemeanor, a driver facing a third DUI is still in serious jeopardy. The chances of substantial jail time are higher, and Colorado judges have little patience with persistent drunk drivers.
When your freedom is at stake due to a DUI third offense, you can rely on the Law Office of Richard B. Huttner. Our criminal defense law firm has focused on DUI defense for over thirty years and is among Colorado’s best for third-degree DUI charges. Lead attorney Huttner has successfully defended over 2,500 cases and managed over 100 jury trials. When you hire attorney Huttner for your third offense DUI, you get the best in the business fighting for your freedom.
Third Offense DUI Punishments And Consequences
Colorado criminal statutes are written to discourage undesirable behaviors, so the consequences for each subsequent crime are more severe. For example, with a second offense DUI, you get at least 10 days of jail time in most cases. For a DUI third offense, there is a mandatory minimum 60-day jail sentence and most Judges give a year in jail. Subsequent DUI offenses are always treated more harshly.
If you have two prior drunk driving convictions, it is unlikely the judge will use discretion in sentencing you for a DUI third offense. Punishments for a third DUI can include:
- Maximum of a year in county jail
- Maximum $1,500 fine
- Maximum four years of probation
- Community service of up to 120 hours
- 12 points on your driver’s license
Colorado does not have a lookback period for drunk driving convictions. Whether your last DUI was 15 years ago or five, it will still be viewed as a drunk driving conviction. The previous DUI convictions are always on your record and will remain there forever.
The minimum 60-day jail sentence for a third offense DUI cannot be suspended or shortened. You cannot have time deducted for good behavior, but the judge may allow a work release program for certain defendants. However, many judges view a third DUI disfavorably and may issue a sentence of six to nine months. There also is a minimum one-year suspended sentence for the third offense. It means that you will be released on probation after you serve your sentence. If you do not stick to all conditions of probation, you will be re-arrested and required to spend a whole year in jail.
You must also take a drug and alcohol rehabilitation class and pay for it yourself. The fine of $1,500 isn’t the end of the costs; you must also cover random drug checks and court ordered probatoin expenses.
Expect at least a two year interlock requirement for being designated a persistent drunk driver. An ignition interlock device at your cost will probably have to be installed on every vehicle you own.
Last, if your previous drunk driving convictions were in the previous seven years of your third DUI, you may be listed as a ‘habitual traffic offender.’ This triggers a five-year driver’s license suspension, up to 18 months in jail, and a $5,000 fine.
If the third DUI caused severe injury or death, you could be charged with vehicular assault. This is a Class 4 felony and may lead to up to six years in prison and a $2,000 fine.
You do not want a third drunk driving conviction in Colorado. Attorney Richard B. Huttner, P.C., understands what is at stake and may help you achieve the best result in your criminal case.
Potential Defenses For a Third Offense DUI Charge
All isn’t lost if you were charged with a third DUI offense in Colorado. Attorney Huttner has been defending DUI defendants for years. When facing a mandatory jail sentence, it is worth making the Government prove their case beyond a reasonable doubt. Some of the best defense strategies for a DUI in Colorado are:
Challenging The Traffic Stop
The police must follow the Constitution and police procedures when making a traffic stop. They must have reasonable suspicion to stop you for drunk driving. This means they must have seen you violate a traffic law or drive erratically to pull you over. If there is no good reason to stop you, the evidence they collected during the stop could be inadmissible. Without this evidence, the prosecution’s case is weaker.
Casting Doubt On Breathalyzer Results
Breathalyzers are often used to test a driver’s blood alcohol content. However, these tests are imperfect, and false positives are common. The device could have been improperly administered or calibrated, among other possibilities. Your attorney will carefully review any administrative records of the breathalyzer device, how well the officer is trained to use it, and anything that could have produced inaccurate results.
Offering Alternative Explanations For Behavior
A driver’s actions after a police stop could be misinterpreted as intoxication when there were other factors involved. For example, you may have been taking prescription medication or were fatigued, either of which could make law enforcement think you were under the influence.
Another possibility is that the breathalyzer detects mouth alcohol from food particles stuck in your dental work. Or, your breath spray or mouthwash contained alcohol. There are many potential defenses to explain how the breath test may have been wrong about your intoxication.
Why Hire Attorney Huttner For Your Third DUI Charge
A third DUI conviction is something no one wants, given the mandatory county jail sentence. Your best way to avoid this disaster is to hire an experienced Denver DUI lawyer. There are many reasons to always count on attorney Huttner if you are charged with a DUI:
- DUI laws in Colorado are complicated, and every case is unique. Attorney Huttner has the skill and experience to pinpoint weaknesses in the state’s case that could at least lead to reduced charges if you have a skilled DUI lawyer.
- Prosecutors are usually more willing to plea bargain with attorneys they are familiar with and respect. Getting a plea deal with your attorney’s help could significantly improve your case outcome. Attorney Huttner will review the state’s case and attempt to leverage any weaknesses into a plea bargain for you. Having an attorney articulate what is going on with your life is essential. You don’t know what you don’t know.
- Defending yourself successfully in a third DUI case usually means handling a jury trial. You will need to know the complex rules of evidence, jury selection, and more. The process is complicated, and not objecting at the correct time or trying to admit improper evidence can torpedo your case. Also, the judge will expect you to handle yourself at trial like a professional attorney.
- Having an experienced attorney at your side in court can be a huge boost of confidence and moral support after a DUI arrest. Make no mistake: A Jury trial is stressful. You need the best drunk driving attorney to keep the case on track and your stress to a minimum.
- Fighting the license revocation is important in assessing the strength of the case before the prosecutor has a chance. You have only seven days after the arrest to act. After that, the two-year suspension starts.
- You’re entitled to a free public defender. However, these attorneys are overworked and rarely have the experience or knowledge to obtain the optimal outcome for a third-offense DUI.
Also, if you are a commercial truck driver, a third DUI conviction will likely lead to a permanent loss of your CDL. This is true even if you weren’t driving your commercial truck at the time of the arrest. Make sure that you retain an experienced third-offense DUI attorney so you can obtain the best result for your case.
Contact An Experienced DUI Defense Lawyer In Denver
If you face a third drunk driving conviction in Colorado, you need an experienced DUI attorney fighting for your rights and freedom. DUI lawyer Richard Huttner has defended clients in your position for over 30 years and will help you reach the best disposition in your case. He is also a founding member of the National College of DUI Defense and has had in-depth training in investigating sobriety and chemical tests in the field.
Contact the Law Office of Richard B. Huttner today at (303) 981-6366 for a legal consultation for your Denver DUI. Our law office handles DUI and criminal cases in Denver and Adams, Arapahoe, Boulder, Broomfield, Douglas, and Jefferson counties.