What Happens If I Get a Second DUI in Colorado?

Facing your first DUI charge can feel overwhelming—but facing a second DUI charge in Colorado can be even more stressful. This is especially true because a second DUI charge comes with more serious legal penalties than the first. Such consequences can include higher fines, longer license suspensions, and possible jail time.
Legal Penalties for a Second DUI in Colorado
Fines and Court Costs
Fines for a second DUI can range from $600 to $1,500. You may also be responsible for court costs, which can cover a range of expenses, such as filing fees, administrative charges, and other legal expenses associated with processing your case.
Jail Time and Probation
For a second DUI offense, you might face a minimum of 10 days in jail, but this can extend up to one year, depending on the circumstances of your case. Factors like high blood alcohol content (BAC) or involvement in an accident may influence the length of the sentence.
Meanwhile, probation terms can last up to two years and may involve strict compliance with all court-ordered conditions, such as attending alcohol education programs, regular check-ins with a probation officer, and avoiding further legal trouble.
License Suspension
For a second DUI offense in Colorado, the consequences extend to your driving privileges, with an automatic license suspension of up to one year. This means you will not legally be able to drive during this period, which can severely impact your daily life, work, and personal responsibilities. There is a possibility of obtaining a restricted license after serving a portion of the suspension period, but this often requires the installation of an Ignition Interlock Device (IID) in your vehicle. This device requires you to pass a breathalyzer test in order to start the car, ensuring you are not driving under the influence.
Mandatory Alcohol Education and Therapy
Mandatory alcohol education programs are designed to address the underlying issues related to alcohol use and aim to prevent future offenses. For second-time offenders, the sessions are typically more comprehensive and longer than those required for a first-time DUI. You might need to complete Level II alcohol education, which includes a minimum of 24 hours of group therapy over 12 weeks. Additionally, the court may mandate further treatment based on an assessment of your needs, which can include individual therapy or additional group sessions.
Long-Term Consequences of a Second DUI
Impact on Employment
A second DUI conviction can significantly impact your job prospects, particularly if your work involves driving or operating vehicles. Many employers conduct background checks and may view a second DUI as a liability or indicator of unreliability, which can influence their hiring decisions. As such, jobs that require a clean driving record—such as roles in transportation or delivery—might become inaccessible following a second DUI. Moreover, licenses or certifications necessary for certain professions could be revoked or become more difficult to obtain, limiting your career opportunities.
Insurance Rates and SR-22
A second DUI in Colorado can lead to a substantial increase in your auto insurance rates. Insurance providers view repeat offenses as a red flag, indicating higher risk; consequently, they often raise premiums considerably.
After a second DUI, you may also be required to obtain SR-22 insurance. This is a certificate of financial responsibility that your insurance company files with the state to confirm that you carry the minimum required liability coverage. This requirement typically lasts three years, during which maintaining continuous coverage is crucial to avoid further penalties.
Criminal Record and Repeat Offender Status
A criminal conviction leads to the entry of the DUI offense into your criminal history, which can be accessed by potential employers, landlords, and academic institutions. In addition to a DUI record presenting challenges when seeking employment, it can also affect your ability to secure housing, as landlords may view it as a liability. Classification as a repeat offender can likewise affect court perceptions, resulting in less leniency during sentencing.
Can a Second DUI Be Reduced or Dismissed?
Facing a second DUI charge doesn’t automatically mean a conviction. There are legal defenses that can potentially lead to reduced charges or even dismissal—but an experienced DUI lawyer is needed. They can assess your case for procedural errors, such as improper administration of sobriety tests or mishandling of evidence, which might invalidate the arrest. Questioning the accuracy of a breathalyzer or blood test results is another viable defense, especially if there’s evidence of faulty equipment or improper calibration. Another possible defense could involve demonstrating that your rights were violated during the arrest process. In some cases, negotiating a plea bargain for a lesser charge, such as reckless driving, might be an option.
Steps to Take After a Second DUI
Enroll in Alcohol Education Programs
Enrolling in an alcohol education program promptly after a second DUI can demonstrate your commitment to addressing the underlying issues related to alcohol use. Taking this initiative may positively influence the legal process and show the court that you are taking responsibility.
Consult with a DUI Attorney
Don’t hesitate to consult with a DUI lawyer if you’re facing DUI charges in Colorado. They will assess the details of your arrest, identify any procedural errors, and build a defense strategy aimed at minimizing the impact of the charges against you.
An attorney also plays a vital role in ensuring that your rights are protected throughout the legal proceedings. Their guidance can also help alleviate some of the stress and uncertainty that accompany DUI charges.
Speak With Our Dedicated DUI Defense Lawyers in Breckenridge
At Whitaker & Penix, LLC, attorneys Kylie Whitaker and Ehren Penix have a successful track record of defending clients charged with DUI, and we also have deep ties to the local court system. Attorney Kylie has been selected as a Colorado Rising Star by Super Lawyers, and our firm has an A+ rating from the Colorado Better Business Bureau.
We will fight to protect your reputation and freedom with a robust defense strategy, seeking a reduced sentence or an acquittal. Schedule a FREE consultation with one of our Breckenridge DUI defense lawyers by calling (970) 368-0602 today.