FIRST OFFENSE - SENTENCING RANGE - DWAI - DRIVING WHILE ABILITY IMPAIRED
DWAI 1st OFFENSE BAC 0.199 OR LESS and NO PRIORS |
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PRESUMPTIVE JAIL2 Days - 6 Months (180 Days) all jail can be suspended with alcohol evaluation & alcohol education / therapy |
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MANDATORY JAILnone
+ suspended sentence 1 year probation up to 2 years
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PRESUMPTIVE FINES$200 - $500 all fines can be suspended + persistent drunk driver surcharge
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PUBLIC SERVICEPresumptive 24-48 hours Mandatory Minimum 24 hours |
DWAI 1st OFFENSE BAC 0.20 OR MORE and NO PRIORS
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PRESUMPTIVE JAIL10 Days - 1 Year jail alternatives may be utilized with alcohol evaluation & alcohol education / therapy
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MANDATORY JAIL10 Days no requirement consecutive jailhouse policy may require serving consecutive sentence + suspended sentence 1 year probation up to 2 years |
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PRESUMPTIVE FINES$200 - $500 all fines can be suspended + persistent drunk driver surcharge
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PUBLIC SERVICEPresumptive 24-48 hours Mandatory Minimum 24 hours
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FIRST OFFENSE - SENTENCING RANGE - DUI - DUI per se (0.08 or more grams of alcohol per 100 ml of blood or 210 liters of breath)
DUI or DUI per se 1st OFFENSE BAC 0.199 OR LESS and NO PRIORS |
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PRESUMPTIVE JAIL5 Days - One Year all jail can be suspended with alcohol evaluation & alcohol education / therapy |
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MANDATORY JAILnone
+ suspended sentence 1 year probation up to 2 years
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PRESUMPTIVE FINES$600 - $1,000 all fines can be suspended + persistent drunk driver surcharge
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PUBLIC SERVICEPresumptive 48-96 hours Mandatory Minimum 48 hours |
DWAI 1st OFFENSE BAC 0.20 OR MORE and NO PRIORS
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PRESUMPTIVE JAIL10 Days - 1 Year jail alternatives may be utilized with alcohol evaluation & alcohol education / therapy
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MANDATORY JAIL10 Days no requirement consecutive jailhouse policy may require serving consecutive sentence + suspended sentence 1 year probation up to 2 years |
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PRESUMPTIVE FINES$600 - $1,000 all fines can be suspended + persistent drunk driver surcharge
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PUBLIC SERVICEPresumptive 48-96 hours Mandatory Minimum 48 hours
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SECOND OFFENSE - SENTENCING RANGE - DWAI - DUI - DUI per se
one prior conviction - DWAI, DUI, DUI per se, DUR, or DARP
driving while ability impaired * driving under the influence of alcohol or drugs
driving with excessive alcohol content driving under restraint * driving after revocation prohibited conviction may have been in Colorado or any other jurisdiction
Prior Conviction More Than 5 Years DWAI 2nd OFFENSE and DUI 2nd OFFENSE and DUI per se 2nd OFFENSE |
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PRESUMPTIVE JAIL10 Days - 6 One Year jail alternatives may be utilized with alcohol evaluation & alcohol education / therapy |
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MANDATORY JAIL10 consecutive days no credit for good time no credit for jailhouse trustee + suspended sentence 1 year + probation minimum 2 years
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PRESUMPTIVE FINES$600 - $1,500 all fines can be suspended + persistent drunk driver surcharge
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PUBLIC SERVICEPresumptive 48-120 hours Mandatory Minimum 48 hours
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Prior Conviction Within 5 Years DWAI 2nd OFFENSE and DUI 2nd OFFENSE and DUI per se 2nd OFFENSE
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PRESUMPTIVE JAIL10 Days - 1 Year jail alternatives not available except as per below
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MANDATORY JAIL10 consecutive days no credit for good time no credit for jailhouse trustee + suspended sentence 1 year + probation minimum 2 years
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PRESUMPTIVE FINES$600 - $1,500 all fines can be suspended + persistent drunk driver surcharge
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PUBLIC SERVICEPresumptive 48-120 hours Mandatory Minimum 48 hours
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CRS 42-4-1307(5)(b). ... a court may allow the person to participate in a program pursuant to section 18-1.3-106(1)(a) (II), (1)(a) (IV), or (1) (a) (V), C.R.S., only if the program is available through the county in which the person is imprisoned and only for the purpose of:
(I) Continuing a position of employment that the person held at the time of sentencing for said violation;
(II) Continuing attendance at an educational institution at which the person was enrolled at the time of sentencing for said violation; or
(III) Participating in a court-ordered level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3(3)(c) (IV).
CRS 42-4-1307(5)(c). Notwithstanding the provisions of section 18-1.3-106(12), C.R.S., if, pursuant to paragraph (a) or (b) of this subsection (5), a court allows a person to participate in a program pursuant to section 18-1.3-106, C.R.S., the person shall not receive one day credit against his or her sentence for each day spent in such a program, as provided in said section 18-1.3-106(12), C.R.S.
THIRD OFFENSE - SENTENCING RANGE - DWAI - DUI - DUI per se
two prior convictions - DWAI, DUI, DUI per se, DUR, or DARP
driving while ability impaired * driving under the influence of alcohol or drugs
driving with excessive alcohol content driving under restraint * driving after revocation prohibited conviction may have been in Colorado or any other jurisdiction
Lifetime Priors DWAI 3rd OFFENSE and DUI 3rd OFFENSE and DUI per se 3rd OFFENSE |
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PRESUMPTIVE JAIL2 Days - 60 Days - 1 Year all jail can be suspended with alcohol evaluation & alcohol education / therapy |
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MANDATORY JAIL60 consecutive days no credit for good time no credit for jailhouse trustee + suspended sentence 1 year + probation minimum 2 years
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PRESUMPTIVE FINES$600 - $1,500 all fines can be suspended + persistent drunk driver surcharge
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PUBLIC SERVICEPresumptive 48-120 hours Mandatory Minimum 48 hours
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CRS 42-4-1307(5)(b). ... a court may allow the person to participate in a program pursuant to section 18-1.3-106(1)(a) (II), (1)(a) (IV), or (1) (a) (V), C.R.S., only if the program is available through the county in which the person is imprisoned and only for the purpose of:
(I) Continuing a position of employment that the person held at the time of sentencing for said violation;
(II) Continuing attendance at an educational institution at which the person was enrolled at the time of sentencing for said violation; or
(III) Participating in a court-ordered level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3(3)(c) (IV).
CRS 42-4-1307(5)(c). Notwithstanding the provisions of section 18-1.3-106(12), C.R.S., if, pursuant to paragraph (a) or (b) of this subsection (5), a court allows a person to participate in a program pursuant to section 18-1.3-106, C.R.S., the person shall not receive one day credit against his or her sentence for each day spent in such a program, as provided in said section 18-1.3-106(12), C.R.S.
Class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1) (b), C.R.S.; vehicular assault, as described in section 18-3-205 (1) (b), C.R.S.; or any combination thereof. Two to four years plus one year of parole.
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