I'm 25 and live in Colorado. I was just pulled over for a DUI two days ago. I blew a .133. Six years ago, when I was 19 I was pulled over for a DUI also. I blew a .045 (.08 is the limit) but since I was underage I was obviously still charged with a DUI. When I went to court. The judge dropped the charges to underage possession of alcohol and failure to slow down in a safety zone. The question I have is, when I go to court, am I going to be facing my first DUI conviction or second? I find it confusing online when they talk about facing your first or second because they don't define the differences between being charged and convicted. I've been charged once, but I haven't been convicted. I'm sure I'll get convicted this time but will I be facing the harsher penalties set aside for a second DUI offense? I know the judge will see both my charges and convictions.
Also, I found on a Colorado DUI informational website that said that if your second offense was more than five years ago, you can possibly work your time off with public service, etc. Will I have a chance at that?
2 Answers from Attorneys
This is a first DUI for criminal courts.
This may be a second Expressed Consent violation at the DMV. It depends on what happened with the first case at DMV.
There is mandatory jail that can be served in ways other than spending time in jail, if the court allows. For a first DUI, the minimum jail is 5 days. For DWAI, it is 2 days.
Depending on the county where the offense occurred will dictate whether your new offense is considered a second alcohol incident. Most likely it will be considered a first offense for jail purposes, however, probation will most likely want alcohol therapy.
Most likely for the Department of Revenue this will be considered a first expressed consent violation.
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