Did you know? A Few Facts about DUI's
- Karen Southworth
- Sep 16, 2015
- 3 min read
If you are further out on the margins of when the prosecutor feels obliged to obtain a DUI conviction, bringing in a lawyer to do it for you can pay off big time.
If you are trying for a reduction in the charge to a wet reckless (or just reckless driving in states that don't have the wet reckless provision), the chances are great that an attorney with a preexisting relationship with the prosecutor will have much better luck than you will have on your own. After all, plea bargaining is an art form that involves a combination of legal knowledge, experience, and poker skills. The prosecutor may not mind going to trial against you alone, but would rather not waste his or her time having to deal with a contentious defense attorney. Representation alone may determine the outcome, especially in tough cases.
At the Cervantes Law Firm, we know how stressful and consuming serious legal problems can be. That is why we are here to help you resolve your legal issues, get through these challenging times and move forward into a brighter future. If you or a loved one is being charged with a DUI, an experienced attorney at the Cervantes Law Firm is ready to provide you with superior defense representation.
Felony DUI bill (HB 15-1043)
1- A 4th DUI charge can be filed as a Class 4 felony charge.
This means that, if a person has 3 prior DUI convictions and is charged with another drunk driving offense, the 4th charge will be a Class 4 felony that can be punishable upon conviction by:
Up to 6 years in prison Up to $500,000 in fines Additional penalties
Here, it is crucial to note that DUI convictions acquired in states other than Colorado WILL count as priors for the sake of this law.
Additionally, there is NO washout period in Colorado. So, even if your previous DUI’s in Colorado happened 10 or 15 years ago, they can still count against you per this law as a prior.
2- Although the law provides sentencing guidelines, judges will ultimately have the discretion to issue sentences they see fit for felony DUI convictions.
Here is what this provision of the Colorado felony DUI states: [The Judge] must determine that incarceration is the most suitable option given the facts and circumstances of the case, including the defendant’s willingness to participate in treatment. Additionally, the court shall consider whether all other reasonable and appropriate sanctions and responses to the violation that are available to the court have been exhausted, do not appear likely to be successful if tried, or present an unacceptable risk to public safety.
3- At 12:01 am on August 1st, 2015 this law will go into effect in Colorado.
So in less than one month, the new Colorado felony DUI law will be effective in the state. If you have 2 or more prior DUI’s, being aware of this fact is crucial. Please keep our number on your cell phone if you need an attorney 303-955-1154.
Let’s talk…
To find out more about your options and your best DUI defense, let’s meet for an initial consult. To schedule to confidential meeting with one of our esteemed attorneys, call us at 303-955-1154, or email us at karen@cervanteslaw.us
We represent clients throughout the Denver metro area, as well as throughout Boulder County, Broomfield County, Jefferson County, Weld County, Adams County, Arapahoe County, Douglas County, El Paso County (Colorado Springs), and others (travel fee may apply given distance).
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