In 2015, a law was passed in Colorado to ensure that repeat DUI offenders faced harsher penalties for their crimes. Under this law, anyone who was arrested for DUI would face a felony charge if they already had three or more DUI convictions on their record. However, many people did not believe the law was effective, so lawmakers had no choice but to update it earlier this year. Here’s what you should know about the recent updates to Colorado’s DUI laws:
The Problem With the 2015 Law
Even though the law was passed to ensure repeat offenders faced greater consequences than other DUI offenders, many people felt they were actually being treated more leniently. People who were convicted of their third DUI faced a mandatory jail sentence along with a number of other penalties. However, judges had more freedom when sentencing fourth time DUI offenders due to the new law. As a result, many judges ended up treating fourth time DUI offenders more leniently than first, second, or third time offenders.
The Denver Post reviewed sentencing data and found that 8% of defendants who were convicted of felony DUI were not sentenced to spend time behind bars. In one case, a man who was convicted of DUI for the sixth time with a BAC that was almost three times the legal limit was only given probation. Lawmakers, attorneys, and activists demanded change so all defendants would be treated fairly.
2017 Changes to the Felony DUI Law
Lawmakers believe that the changes that went into effect in August will ensure the law works in the way it was intended. The new law requires that any fourth time DUI offenders who are only sentenced to probation serve between 90-180 days in jail. Defendants who participate in work release programs are also required to spend time in jail. These defendants may be sentenced to up to two years behind bars under this new law. The law also states that defendants who are convicted of felony DUI cannot be released from incarceration early through sentence reductions.
But, these new rules will only affect your case if it was filed after the changes went into effect in August. If your case was filed before that, the 2015 law will still apply.
Have you been charged with DUI? If so, seek legal representation from a criminal defense attorney at Reisch Law Firm at once. We will aggressively defend your rights regardless of whether this is your first, second, third, fourth, or subsequent DUI charge. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
