On May 25th, 2010, Governor Bill Ritter signed into law new legislation requiring tougher penalties in DUI (Driving Under the Influence) or DWAI (Driving While Ability Imparied) cases. The text of HB10-1347 can be found here: http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/0AA564A18087D71A872576A80027B60C?Open&file=1347_eng.pdf
The law will go into effect July 1, 2010. The more notable provisions in the new law require tougher penalties for repeat DUI or DWAI offenders. First, if a person is convicted of a second DUI or DWAI within five years of their first offense they will be required to serve a mandatory minimum sentence of 10 days in jail and they will not be eligible for “earned time, good time, or trusty prisoner status..”. A person will, however, receive credit for any time served prior to the conviction. Anyone convicted of a second offense within 5 years will still be eligible for a work/school release term of confinement, but will not be eligible for in home detention.
Second, persons convicted of a third or greater offense of either DUI or DWAI will now be required to serve a mandatory minimum of sixty days in jail. They will also not be eligible for any good time, earned time, or trusty status during their term of confinement. Work/School release is still a possibility if the county in which they are sentenced offers such programs. Repeat offenders who are being sentenced for third or greater offense will also not be eligible for in home detention.
Additionally, for all repeat offenders the minimum term of probation must be at least two years. If a person has complied with all terms of their probation including their drug/alcohol treatment and community service they may petition the Court for early termination of their probation. This may be done by motion of the District Attorney, Probation Officer, Defense Counsel or the offender.
The new law also allows for the Court to require an interlock ignition device on an offender’s vehicle. This new requirement of an interlock device has been common practice through the DMV for repeat offenders and for early reinstatement for first offenders.
Joshua McDowell is a criminal defense, felony & DUI Lawyer with McDowell Laybourne & Rodemer. Mr. McDowell is also a Colorado Springs Car Accident Attorney with a personal injury practice including work on motorcycle & bicycle accidents.
