What happens regarding sentencing in multiple DUI cases?
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What happens regarding sentencing in multiple DUI cases?
I got DUI in 2009. I am done for that. I got 2nd DUI ticket in 11/10 and a 3rd DUI ticket in 12/10. What will the sentencing be? I mean the sentencing will be separate on 2nd and 3rd cases or combined sentencing? Is there mandatory jail provisions on 2nd and 3rd DUI?
Asked on December 19, 2010 under Criminal Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
After 07/01/10, persons charged with a third or subsequent offense in CO are liable for at least 60 consecutive days in jail. In home detention is not allowed for this class of offender. Because good time is also not allowed during this mandatory period, the whole sentence must be served. Credit for pre-sentence confinement is available however. Offenders falling under this provision of the law may or may not be allowed work release.
Note: Minimum mandatory jail sentences are just that - minimums only. Therefore, for example, a third offense will net you anywhere from the mandatory minimum up to a year in jail depending on the facts of your specific situation. The fact is that, many judges are now leaning toward longer sentences of incarceration of 9 mnoths to 1 year for 3rd time offenders.
What you need to do now is to consult with an experienced DUI attorney in the area(s) where you were arrested. A skilled lawyer could potentially get the charge(s) dismissed on a technicality (or possibly at least get the 2nd and/or 3rd charghe reduced). This will obvoiusly affect the severity of the penalties that you are facing.
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