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A. FIRST CONVICTION: If BAC less than .20, imprisonment in the County jail of not less than five (5) days and not more than one (1) year. A fine of not less than $600 and not more than $1,000. You must perform not less than forty-eight (48) hours and not more than ninety-six (96) hours of useful public service. The minimum imprisonment is mandatory unless you complete the alcohol and drug program as ordered by the Court and abstain from the use of alcohol for a period of one (1) year from the date of sentencing. If you fail to comply with the conditions and alcohol and any drug program, the Court shall re-impose the suspended sentence. Two (2) years of discretionary probation may be imposed. If the Defendant's BAC is .20 or more, imprisonment shall not be less than to (10) days which may be served in an alternative sentencing program. A fine of $1,000 to 1,500 and 60-120 useful public service hours may be imposed.

 

B. SECOND CONVICTION*: If prior conviction is within 5 years, imprisonment in the County jail not less than ten (10) days no more than one (1) year. Days served as part of the sentence must be served consecutive, no earned time, good time, or trustee prisoner status is provided. Sentencing alternatives are not allowed for mandatory minimum, but allowed for additional time. Work release may be applied for the minimum mandatory sentence only if the county has such program available and:

 

    1) The Defendant is able to prove at time of sentencing that Defendant has employment, OR

    2) Is a full time student at the time of sentencing and is continuing attendance at an education institution at which the person was enrolled at the same time of sentencing, and is participating in Level II treatment.

 

A fine of not less than $600 and not more than $1,000 may be imposed for any second DUI conviction. You must perform not less than forty-eight (48) hours, and not more than one hundred twenty (120) hours of useful public service. The Defendant will serve a mandatory sentence of two (2) years probation with one (1) year of jail suspended suspended as a condition of probation, abstain from alcohol, and participate in Level II

 

If the Defendant's prior conviction is older by 5 years from the time of new violation, the Defendant shall be sentenced to imprisonment in the County jail not less than ten (10) days and not more than one (1) year, but an alternative sentencing program may be allowed for the entire sentence.

 

C. THIRD CONVICTION*: Imprisonment in the County jail for not less than sixty (60) days, and not more than one (1) year. A fine of not less than $600 and not more than $1,000. You must perform not less than forty-eight (48) hours and not more than one hundred twenty (120) hours of useful public service. Mandatory two years probation, additional one year jail suspended as a condition of probation, abstains from alcohol, and participation in Level II treatment. Mandatory minimum jail sentence must be served on consecutive days, no earned time, no good time, and trustee prisoner status. An alternative sentencing program is not applicable to the mandatory minimum sentence of sixty (60) days, but may be applied to any sentence period remaining after the minimum mandatory sentence of sixy (60) days has been served. For the minimum mandatory sentence, Work Release may be applied for the minimum mandatory sentence only if the county has such program available and:

 

    (1) The Defendant is able to prove at time of sentencing that Defendant has employment, OR

    (2) Is a full time student at the time of sentencing and is continuing attendance at an education, institution at which the person was enrolled at the time of sentencing, and is participataing in Level II treatment.

 

 

ANY DUI CONVICTION WILL RESULT IN TWELVE (12) POINTS BEING ASSESSED AGAINST YOUR DRIVER'S LICENSE, WHICH WILL RESULT IN REVOCATION OF YOUR LICENSE.

Prior convictions include- DUI, DUI per se, DWAI, Habitual User, Vehicular Homicide (based on under the influence), Vehicular Assault (based on under the influence, HTO (felony based on DUI or DWAI) or DUR alcohol/drug.

Possible penalties of the DUI arrest are listed below

Randy Brown offers competitive pricing for your DUI defense

Hiring experienced and aggressive representation is critical in the outcome of your DUI arrest

Important Information

State-approved law forms are available on:  www.courts.state.co.us/Forms/Index.cfm

 

For court dates and times, directions to court, and general info:

Mesa county: www.mesacourt.org

Montrose and Delta: www.7thjudicialdistrictco.org

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