How Colorado’s Five Year Rule Can Help a Second DUI Charge

Have you been arrested and charged with DUI and have a prior DUI conviction? Colorado law allows for more severe penalties to be imposed in a second DUI, but only if the first DUI occurred within five years before the current charges. If you are accused of DUI, your first action is to exercise your right to remain silent and your right to an attorney. Make sure you choose the right DUI defense lawyer, as not all DUI defense attorneys are created equal.


DUI Penalties for a Second DUI

How Colorado’s Five Year Rule Can Help a Second DUI ChargeIt is dangerous to your freedom and right to operate a vehicle to be charged with a second DUI offense. The penalties in a second offense include:

  • Jail time, from 10 days to one year
  • Fines as high as $1,500
  • Revocation of your driver’s license for up to one year
  • Mandatory attendance to alcohol education classes
  • 48 to 120 hours performing community service
  • The installation of an IID (ignition interlock device) for two years
  • 12 points on your license
  • Up to four years of probation

If your prior offense was more than five years ago, the judge has more discretion in imposing a sentence. The difference lies in whether you will be required to serve time in jail. Various more positive results can be achieved if your case is represented by a talented DUI defense lawyer.

Your Lawyer – It Matters.

If your prior DUI conviction was more than five years ago, you have more options, but your case must be managed with a high level of legal skill. The result of your defense will reflect the work your lawyer puts into your claim and the negotiations taking place behind the scenes.

Timothy Bussey is the only attorney in Colorado with the ACS Forensic Lawyer-Scientist Designation. He is also certified to operate and maintain the Intoxilyzer 5000, is a certified NHTSA Field Sobriety Test Instructor, and is certified in Forensic Chromatography. Mr. Bussey has served in the U.S Air Force and is a nationally published author on legal strategies – he is definitely not just an average DUI defense attorney. His practice has been built on legal skill, his genuine dedication to his clients, and the hard work put into each case. If your first DUI was more than five years ago, and Mr. Bussey defends you, he will work with the prosecutor to attempt to negotiate a much more favorable outcome.

Reduced Penalties after a Second DUI Conviction

The penalties for DUI can be life-changing, leading to jail time, loss of your legal right to drive, fines, and can impact your ability to work, attend college, or in some cases, your right to hold a professional license. There is no question that you need a DUI defense lawyer that will do everything possible to reduce the damage. The options explored may include seeking an acquittal in court, negotiating a reduced charge, or alternative sentencing, without jail time. The judge has the discretion to impose alternatives such as home detention or home monitoring rather than jail time.

Charged with a Second DUI? Contact The Bussey Law Firm, P.C.

If you are accused of a DUI or DWAI, you are at risk of losing your freedom – but could your case be successfully defended? You owe it to yourself to reach out to our firm and discuss your case.

Contact us today at (719) 475-2555 for a free initial consultation.