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What to Expect When Charged with Your Second DUI in Denver
/ 10 June, 2021

Getting a DUI can lead to devastating consequences. However, when you are charged with your second DUI, the severity of the consequences you face is much more significant. In fact, if you get convicted of a second DUI, it can result in you having a permanent criminal record and having a driving record at the state’s DMV. 

If you find yourself in a situation where you have been charged with your second DUI (or even your first one for that manner), hiring an attorney to help with the second DUI in Denver case is highly recommended. 

Potential Penalties After Your First Denver DUI in Denver

In 2015, getting a fourth DUI during your life was turned into a felony crime. Before this date, convictions were not as serious, and the consequences were not as severe. 

Now is the time to consider what you know and how things work after being charged with a DUI. 

When you receive your first DUI, some of the potential penalties you will face include:

  • Minimum of five days and maximum of one year in jail
  • Minimum fine of $600 with a maximum fine of $1000
  • Minimum of 48 hours of community service up to 96 hours of community service
  • Minimum of no time on probation with a maximum of two years on probation

Keep in that these are considered guidelines. They do not encompass all that a judge can do when it is time to sentence you. Some other requirements may be that you remain sober, avoid using alcohol, and never drink excessively. 

You may also be ordered to begin using a monitoring device and attend a victim impact panel. It all depends on the circumstances surrounding your arrest. 

Potential Penalties After Your Second DUI in Denver

In Denver, if you are charged with your second DUI and convicted, it is considered a misdemeanor. Because this is considered a more serious crime, it has higher potential penalties than your first DUI Does. 

Some of the penalties you will face after your second DUI in Denver include:

  • Minimum of 10 days in jail, maximum of one year
  • Fines of $600 up to $1,500
  • Maximum of four years of probation
  • Community service requirement of 48 up to 120 hours
  • Enrollment and completion of alcohol education classes
  • License revocation for up to one-year
  • 12 points assessed against your license
  • Use of an ignition interlock device for up to two years

Being Classified as a “Persistent Drunk Driver”

When you are convicted of the second DUI you are charged with; then you will be classified as something called a “persistent drunk driver.” If you are classified with this designation, there are more penalties that you may face:

  • Proof of your financial responsibility in the way of SR-22 insurance coverage for a minimum of two years
  • Use of an ignition interlock device for a minimum of two years to get your license reinstated 
  • Enrolling in alcohol education classes

Is It a Felony to Get a Second DUI in Colorado? 

Usually, if you are charged with a second DUI, it is considered a misdemeanor. Even a third-time offense will only be charged as a misdemeanor. It will turn into a felony offense if you receive four DUIs. 

Keep in mind, though that there are some exceptions. For example, if the accident resulted in someone’s serious bodily harm or even the death of another person, they can face felony charges. 

Even in cases where it is your first DUI, if a serious injury or the death of another person occurs, a felony charge may be applied. 

For example, vehicular assault DUI is considered a class four felony. This involves someone driving while under the influence and causing serious harm to someone else. With this situation, you can face between two and six years and may have to pay a fine of $500K or more. 

Another potential charge you will face is vehicular homicide DUI. This is considered a class 3 felony. If you are charged with this, you may face four to 12 years in jail and have to pay a fine of over $750K. 

Hiring the Best Attorney to Help with Your Second DUI in Denver

The best way to avoid finding yourself in this situation is to avoid drinking and driving. However, if you are pulled over in Denver for a DUI, hiring a qualified and experienced attorney is a must. They can help review the evidence in your case and provide you with insight and information about what you should ensure your case succeeds. 

There is no question that being charged with a DUI can be a stressful and often scary experience. While this is true, with the help of an attorney, you can build a defense and reduce the potential penalties that you face. If you have questions about your case or need more information, contact the attorneys at the Law Offices of Steven J. Pisani, LLC by calling 303-529-2834.

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