New, enhanced, tougher DUI penalties for 4th, 5th, 6th or more DUI offenses in Colorado start on August 9, 2017 pursuant to House Bill 17-1288. The new law requires a person convicted of a Felony DUI, DUI per se, or DWAI who is sentenced to probation to serve a minimum period of straight time jail or work release/education release. The minimum period of straight time jail is 90 days up to a maximum of 180 days as a condition of any probation sentence granted.
In the alternative, if the Court grants probation for a person convicted of a 4th or subsequent Felony DUI, DUI per se, or DWAI, he/she must serve a minimum of 120 days up to a maximum of 2 years of jail with work release or education release authorized. This provision applies only to counties that have jails that support work release and education release. The statute further indicates that work release may only be authorized for people who have established employment at the time of sentencing. Education release may only be authorized for those who are enrolled in an education program at the time of sentencing. No other sentencing alternatives are authorized (i.e. in home detention, weekends, or mid-weeks), however release for medical treatment may be authorized.
Prior to this new enhanced law, there was no minimum mandatory period of jail to be served as a condition of probation.
Further, 48 hours of community service up to 120 hours are required.
If a person is not granted probation and is instead sentenced to prison (the Department of Corrections) for a Felony DUI, DWAI, or DUI per se, the Court must determine that incarceration is the most suitable option given the facts and circumstances of the case. The Court shall consider the person’s willingness to participate in treatment and whether all other reasonable and appropriate sanctions and responses to the violation have been exhausted. The Court must further determine that all other reasonable and appropriate sanctions and responses either present an unacceptable risk to public safety or do not appear likely to be successful if tried.
Probation, rather than prison time, may be authorized when it appears that the ends of justice and the best interests of the defendant and public will be served. The length of the probation term is left at the discretion of the court. By statute, the length of the probation may exceed the maximum period of incarceration authorized by statute.
Attorney Robbins represents people who are charged with Felony and Misdemeanor DUI and DWAI offenses throughout the state of Colorado. For a complimentary case evaluation contact Attorney Robbins today at 303-355-5148 or 970-301-5541.