A drunk driver made legal history in November 2016, when he became the first person convicted under Colorado's tougher new DUI laws, which raises a fourth DUI from a misdemeanor to a felony. While the defendant would probably prefer not to be part of this historical moment, this is a significant day in Colorado law. It also serves as an important reminder of the consequences of multiple DUI convictions, which can vary greatly from state to state. No matter where you live, if you have a previous DUI conviction, this is what you need to keep in mind.
The Difference Between a Felony and a Misdemeanor DUI
DUIs can be considered either misdemeanors or felonies, depending on the circumstances of the case. If you're charged with a DUI, it's definitely to your benefit to be charged with a misdemeanor because the maximum sentence is a year in jail. A felony automatically comes with the possibility of more than a year of incarceration.
Typically, a first-time offender is charged with a misdemeanor—unless there are certain aggravating factors involved. What's considered an aggravating factor varies greatly from state to state, but there are some common things that will typically elevate the charge:
- an exceptionally high blood alcohol content as defined by the laws of that particular state
- having a minor child in the car with you when you're intoxicated
- injuring or killing someone in a DUI-related accident
- driving on a suspended or revoked license (especially if it was suspended due to a prior DUI)
If you live anywhere near a state border, it's important to keep in mind that potential consequences for drunk driving change every time you cross the state line.
DUI Penalties Increase in Severity With Each Conviction
Colorado's new law reflects the laws in many other states as well, in that the penalties for a 2nd and 3rd DUI are also stiffer than those for a first-time offender. For example, Colorado now requires offenders convicted of a second DUI to have an interlock ignition device that prevents them from starting their vehicle while intoxicated. A third offense requires community corrections, which is generally a program that takes place in a residential or community setting outside of a prison but that severely restricts the individual's freedoms and imposes conditions like mandatory therapy or counseling.
It's important to note that old DUI charges do have a "shelf life" when it comes to factoring them into the penalty. Colorado still remains relatively lenient in that respect—an old DUI conviction drops out of the factoring decision after only 7 years. That's less than half the time it takes in some states, like Nebraska.
Ideally, you'll never have to personally face the possibility of a DUI conviction when you already have a prior DUI on your record. If you do, it's probably wise to consider contacting a DUI defense attorney like R. Patrick McPherson Attorney At Law as soon possible. An attorney can help you navigate the system, explain the state's current laws, and negotiate with the prosecution for a possible lighter sentence.
