Colorado Governor Signs DUI Law
Governor Bill Ritter signed into law new legislation requiring tougher penalties in DUI (Driving Under the Influence) or DWAI (Driving While Ability Imparied) cases on May 25h, 2010. 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 new law will go into effect July 1, 2010. The most 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/DWAI within five years of their first offense they will be required to serve a mandatory minimum of 10 days in jail and they will not be eligible for “earned time, good time, or trusty prisoner status..”. A person will 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.
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 incarceration. 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 possible 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 law also allows for the Court to require an interlock ignition device on an offender’s vehicle. The requirement of an interlock device has been common practice through the DMV for repeat offenders and for early reinstatement for first offenders.
Mr. McDowell is a criminal defense, felony and DUI Lawyer with McDowell Laybourne and Rodemer. Mr. McDowell is also a Colorado Springs Car Accident Attorney with a personal injury practice including work on truck and bicycle accidents. This and other unique content ” articles are available with free reprint rights.