blog DUI What Happens if I Get a Third DUI in Colorado?

What Happens if I Get a Third DUI in Colorado?

By Colorado Attorney-at-law on December 20, 2024

A third DUI in Colorado can lead to harsh consequences, including jail time, substantial fines, or a five-year license revocation. But is there a way to mitigate these penalties and rebuild your life? You can get through the situation and preserve your legal rights and best interests if you understand the law and know your rights.

Legal Penalties for a Third DUI in Colorado

The consequences of a third DUI conviction, or DWI (driving while intoxicated), in Colorado will be life-changing. By law, the penalties for a third DUI are far harsher than those for earlier offenses, affecting your driving privileges, finances, and freedom.

Mandatory Jail Time

Colorado DUI law mandates jail time for third-time DUI offenders. The minimum sentence is 60 days in jail, with no chance for a suspended sentence. However, depending on the circumstances, the court can impose up to one year in jail. Factors like a high blood alcohol concentration (BAC) or accidents caused during the DUI can lead to longer sentences. Additionally, prior convictions may influence whether the court imposes the maximum penalty.

Colorado judges have limited discretion regarding reducing jail time for third DUIs, ensuring that offenders face strict repercussions.

Fines and Court Costs

A third DUI conviction can result in fines ranging from $600 to $1,500. However, additional court costs, probation fees, and surcharges can escalate the financial burden significantly. Offenders may also be required to cover costs associated with alcohol education and treatment programs. In total, the monetary penalty for a third DUI can easily exceed several thousand dollars, adding to the overall impact of the conviction.

License Suspension

A third DUI conviction will result in the revocation of your driver’s license for two years. You cannot legally drive during this period, and reinstating your license afterward is not a simple task. If you’re caught driving after your license has been revoked due to a DUI, you could face additional DUI misdemeanor charges under Driving After Revocation Prohibited (DARP) laws.

DARP is a Class 2 misdemeanor that carries severe consequences, including:

  • Fines of $150 to $1,000
  • Jail time of 30 to 90 days
  • Court-ordered community service

If aggravating factors are present—such as reckless driving, fleeing law enforcement, or causing an accident—the charge may be elevated to Aggravated DARP, a Class 1 misdemeanor. Aggravated DARP carries even stiffer penalties, including up to one year in jail and fines as high as $5,000.

To regain driving privileges, offenders must install an ignition interlock device (IID) on their vehicle for a specified duration, complete a rehabilitation program, and pay additional fees. The IID ensures that the driver is sober before the vehicle starts, providing an extra layer of accountability for repeat offenders.

Long-Term Consequences of a Third DUI

A third DUI conviction carries significant long-term consequences that extend beyond immediate legal penalties. These lasting impacts can affect various aspects of life, creating ongoing challenges for individuals.

Criminal Record

A third DUI conviction in Colorado remains on your permanent criminal record. This can negatively affect background checks, limiting employment and housing opportunities. The conviction also contributes to an offender’s record of prior DUI offenses, which can lead to harsher penalties for any future violations.

Increased Penalties for Future DUIs

Colorado’s legal system aims to deter repeat offenses by making penalties progressively harsher with each subsequent DUI.

Some of the consequences of repeat offenders include being classified as a habitual traffic offender (HTO). Under C.R.S. § 42-2-202, this designation applies if you commit three major traffic offenses—such as DUI, reckless driving, or vehicular assault—within seven years.

As an HTO, your driver’s license will be revoked for five years. During this time, driving is strictly prohibited. If caught driving with HTO status, the penalties are even harsher, including potential jail time and heavy fines.

Additionally, repeat DUI offenders are often classified as Persistent Drunk Drivers (PDD) under C.R.S. § 42-1-102(68.5). This designation requires mandatory alcohol education and treatment programs and may require you to install an ignition interlock device on your vehicle before your driving privileges are restored.

If you commit another DUI after your third conviction, the penalties will escalate further. Additional convictions can lead to longer jail sentences, heavier fines, and the possibility of a lifetime driver’s license revocation. The courts may also impose stricter probation conditions and require extensive rehabilitation programs.

DUI Treatment and Rehabilitation Requirements

DUI treatment and rehabilitation programs aim to address the root causes of impaired driving, such as alcohol dependency or substance abuse. These programs reduce recidivism, promote long-term behavioral change, and enhance public safety. Focusing on education, accountability, and recovery, they help offenders rebuild their lives while mitigating criminal justice costs.

Mandatory Alcohol Education Programs

Colorado courts mandate participation in alcohol education programs for anyone convicted of DUI. For third-time offenders, these programs are often more intensive and lengthier. Participants learn about the dangers of drunk driving, strategies to avoid future incidents, and the health risks associated with excessive alcohol consumption.

These programs are not optional and must be completed as part of the sentencing requirements. Failure to attend or complete these programs can result in additional penalties.

Probation Conditions

Probation is often part of the sentence for a third DUI. Conditions may include:

  • Random drug and alcohol tests: Offenders must comply with regular testing to ensure sobriety during probation.
  • Mandatory counseling: Attendance at counseling sessions is often required to address underlying issues such as substance abuse or addiction.
  • Community service: Judges may impose community service hours on the DUI offender.

Probation for third DUIs in Colorado is typically more demanding than for first or second offenses, reflecting the seriousness of the crime.

How Can You Defend a Third DUI Charge

Despite the serious nature of a third DUI charge, all hope is not lost. With the right defense strategy, it’s possible to challenge the evidence, negotiate reduced charges, or minimize the penalties.

Legal Defenses to Explore

Common defense strategies include:

  • Challenging the stop: Law enforcement must have probable cause to stop your vehicle. If the stop was not legally justified, any evidence obtained during the stop could be excluded from court proceedings.
  • Questioning BAC test accuracy: Breathalyzers and blood tests can be unreliable if not properly calibrated or administered. Your lawyer may argue that the BAC results are invalid due to procedural errors.
  • Disputing field sobriety tests: Field sobriety tests are subjective and error-prone. If the arresting officer failed to administer the tests properly, their findings may be challenged.
  • Highlighting procedural errors: DUI arrests involve strict legal protocols. If officers failed to follow these protocols—such as reading your rights or maintaining evidence integrity—your case could be dismissed.
  • Negotiating alternative sentences: In some cases, courts may allow plea bargains or alternative sentencing options. These could include intensive alcohol treatment programs or probation in place of jail time.

With an experienced DUI attorney, you can explore all possible defenses and work to achieve the best outcome.

Importance of Hiring a DUI Lawyer

A third DUI conviction in Colorado is a serious matter with consequences that extend far beyond the courtroom. Given the complexity of DUI laws and the harsh penalties involved, it is crucial to ensure you have a skilled DUI attorney by your side. An experienced lawyer can assess your case, develop a defense strategy, and work to minimize the impact of the charges.

Consult an Experienced DUI Attorney in Colorado

If you or someone you know is facing a third DUI charge in Colorado, take action now. At Whitaker & Penix, LLC, our Breckenridge DUI defense lawyers have the experience and knowledge to guide you through this challenging time and fight for the best possible outcome. Call us at (970) 368-0602 for a free consultation.

Posted in: DUI