Colorado DUI Laws – 2017 New Felony DUI Sentencing Law Goes Into Effect – Because of some perceived lack of uniformity in sentences handed down in Colorado Felony DUI cases, the Colorado State Legislature enacted a new mandatory sentencing provision that has been added to the Colorado Felony DUI statute. Felony DUIâ€™s are those who have committed their fourth and subsequent DUI offenses
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. (*Coloradoâ€™s Felony DUI law was enacted in 2015 that made a fourth and all subsequent DUI offenses a felony.)
The perceived “loophole” that provided discretion to Colorado judges has now been closed.
The new law – HB 17-1288 – mandates that Colorado drunk drives who are convicted of Colorado felony DUI must now serve 90 to 180 days in jail if a judge decides to give them probation.
If the Colorado Trial Judge sentences the Defendant to work release program, the Defendant would be required to serve 120 days to two years in jail.
Specifics Of The New Colorado Felony DUI Mandatory Sentencing Law
In Colorado if you are convicted of a fourth or subsequent DUI offense you have committed a class 4 felony.
If a Judge does not sentence you to prison – (up to 6 years) – instead granting you probation. The new law requires the Colorado Judge to order – as a condition of probation – one of the following:
Require the defendant to serve at least 90 days but not more than 180 days imprisonment in the county jail.
[During the mandatory 90-day period of imprisonment, the defendant is not eligible for good-time deductions of his or her sentence or for trusty prisoner status; except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction].
Require the defendant to serve at least 120 days but not more than 2 years of imprisonment in the county jail through participation in an alternative sentencing program if such programs are available through the county in which the defendant is imprisoned and only for certain purposes.
[During the mandatory 120-day period of imprisonment, the defendant is not eligible for good-time deductions of his or her sentence or for trusty prisoner status; except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction.]
Further Provisions Of The New Colorado Felony DUI Law
The New Law also states that if a Colorado Judge sentences such an offender to a term of probation, the Court, as a condition of probation, shall:
â€¢ Require the defendant to complete at least 48 hours but not more than 120 hours of useful public service, which may not be suspended;
â€¢ Include, as a condition of the defendant’s probation, a requirement that the defendant complete a level II alcohol and drug driving safety education or treatment program at the defendant’s own expense; and
â€¢ Consider imposing other – relevant and case specific – conditions of probation.
Colorado DUI Laws – 2017 New Felony DUI Sentencing Law Goes Into Effect
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