On Wednesday, August 9, a variety of brand-new Colorado laws entered into result, consisting of however not restricted to:
- HB17-1179, which enables somebody to burglarize a locked vehicle to release a distressed kid or animal.
- HB17-1266, which enables individuals who were founded guilty of cannabis belongings or usage prior to legalization to pay to have their rap sheets sealed.
- SB17-008, which legislates the belongings of gravity knives and switchblade knives.
- HB17-1150, which avoids those founded guilty of felony stalking or regular domestic violence from getting bail.
- HB17-1288, which needs compulsory prison time for a felony DUI.
This last law customizes “the charges for DUI wrongdoers who dedicate their subsequent and 4th DUI offenses.” For those that currently have at least 3 DUIs on their record, this brand-new law might considerably impact you, so let’s take a look at it in the information.
What Is a Felony DUI Under Colorado Law?
If you are pulled over by a police officer on suspicion of drinking and driving and your blood alcohol concentration (BAC) is 0.08% or more, you can be charged with a DUI or driving under the impact.
If this is your first DUI offense, you will be charged with a misdemeanor, which is punishable by 5 days to approximately one year in prison, $600-$ 1,000 in fines, and 48-96 hours of social work.
A 2nd DUI is likewise a misdemeanor punishable by 10 days to approximately one year in prison, $600-$ 1,500 in fines, and 48-120 hours of social work.
A 3rd DUI is a more serious misdemeanor punishable by 60 days to as much as one year in prison, $600-$ 1,500 in fines, and 48-120 hours of social work.
A 4th DUI, on the other hand, is a Class 4 felony offense, which is punishable by 2-6 years in jail, 3 years parole, and 48-120 hours of social work.
The brand-new HB17-1288 law, nevertheless, changes a few of the charges for a felony DUI transgressor.
How Will the New Felony DUI Law Impact Me?
Under the old law, there were 3 sentences felony DUI transgressors might get:
- Probation with no prison time;
- 2 to 6 years in jail; or
- Probation with approximately 90 days in the county prison.
After examining a variety of felony DUI cases, The Denver Post discovered that around 8 percent of individuals founded guilty of a 4th DUI didn’t serve any prison time. In many cases, offenders even chose to plead guilty to a felony DUI since they may wind up with a lower prison sentence.
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Under the brand-new law, if a culprit is sentenced to probation, they will likewise be needed to serve a minimum of 90 days in prison, and as much as 180 days.
If the offender wishes to take part in an alternative sentencing program, they will be needed to serve a minimum of 120 days in prison, and as much as 2 years.
This suggests that no matter what your sentence is, it will be necessary to serve a minimum of a long time in prison.
Assistant District Lawyer Matt Karzen stated, “The brand-new statutory plan still needs courts to think about proper alternative sanctions … which … is a crucial part of altering habits and preventing recidivism. At the very same time, the brand-new law represents the duplicating history of DUI by needing a substantial penalty element in the kind of considerable county prison.”
If you have 3 DUIs and have been charged with a 4th, you are taking a look at necessary prison time, however just how much prison time might depend upon your lawyer. Call a knowledgeable Colorado DUI lawyer today to see how they can assist you to beat your charges if you’re being charged with a felony DUI.
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