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Second DUI

Driving under the influence of alcohol or drugs is never a good idea. Not only does it place you at risk of grave danger, but others on the road as well. When you are caught committing the offense a second time, the court will not be as forgiving.

DUI is a serious offense in Colorado. You could spend time in jail, have your driver’s license taken away and experience increased insurance rates. Contact a criminal defense attorney who will fight to have the penalties reduced or dropped.

DUI Defense Attorney in Colorado Springs, CO

Law Offices of Clifton Black, P.C. understands people make mistakes, which is why we treat our clients with respect and dignity. The attorneys at Law Offices of Clifton Black, P.C. have decades of experience assisting clients with DUI charges and related offenses. Our criminal defense attorneys are well respected in the community and always strive to provide quality legal assistance.

Take the first step in your defense and contact Law Offices of Clifton Black, P.C. today. Call (719) 328-1616 to schedule a case evaluation. We defend those accused of DUI in El Paso County, Pueblo County, Fermont County, Teller County and various other areas.


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Colorado’s DUI Laws

It should come as no surprise driving under the influence is illegal in Colorado. Nearly 30% of the auto fatalities in the state are the result of intoxicated driving, so law enforcement is on high alert for those driving under the influence. According to Colorado law, you can meet the legal definition of intoxicated in the following ways:

  • Having a BAC of .08% or higher
  • Having five nanograms or more of THC per milliliter of blood
  • Being inebriated to the point you are mentally or physically incapable of exercising clear judgment, physical control or due care to operate a vehicle safely

The Centennial State is unique when it comes to alcohol-related offenses. You can be arrested and charged for driving under the influence in various forms. In addition to DUI, you can also be arrested and charged for driving while ability impaired (DWAI) and DUI per se.

DWAI involves a driver only being slightly impaired. You are presumed ability impaired if you have a BAC of .05% or more but less than .08% or having less than five nanograms of THC in your system but still being less capable to safely operate a vehicle than usual. DWAI is a lesser charge than DUI and DUI per se, but that doesn’t mean it shouldn’t be taken seriously.

Every state in the U.S. has per se drunk driving laws. Per se is a Latin phrase meaning by itself. This means you can be arrested for a DUI per se by having a BAC of .08% or higher without regard to any additional evidence. Unlike alcohol, there is no DUI per se for marijuana or other drugs.


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How Long Will I Go to Jail for a Second DUI?

DUI, DWAI and DUI per se are all charged the same for a second offense. As a second offender, you are probably aware of the penalties you could be facing. The most notable difference between a second and first-time DUI is the mandatory jail time. To avoid this, it’s advised you contact legal representation. They can defend you in court and fight to have the charges reduced or dropped.

Listed below are the possible penalties for a second DUI in Colorado:

  • At least 10 days, but up to a year in jail
  • A fine between $600 and $1,500
  • One-year license suspension
  • Ignition interlock device for two to five years
  • Between 48 and 120 hours of community service

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Persistent Drunk Driver

The Colorado Division of Motor Vehicles will label you a persistent drunk driver (PDD) if you are convicted of a second DUI.  Being labeled a PDD will require you to complete level II alcohol education and treatment and hold SR22 insurance for no less than two years.

You have the right to challenge a PDD label at a Colorado DMV license hearing. This hearing must be requested within seven days of your DUI arrest, so you must act quickly. Some of the defense strategies to a PDD designation involve challenging the DUI violation. Common defenses can include:

  • There was an error in the DUI chemical test
  • The arrest was unlawful
  • There was no probable cause to pull you over

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Additional Resources for Second DUI

Driving Under the Influence | Colorado Revised Statutes – Read the section of the Revised Statutes to learn more about the laws governing driving under the influence in Colorado. You can read the precise definition of the crime, find additional information about DWAI and DUI per se, and how juveniles are charged.

Alcohol DUI | Colorado DMV – Visit the official website of the Colorado DMV to learn more about their penalties for DUI. You can learn about expressed consent, alcohol courses, information about DMV hearings and reinstating an out-of-state license in Colorado.


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Lawyer for Second DUI in Colorado Springs, CO

The laws governing DUI change regularly, and it’s advised anyone charged with the crime is informed of these laws. Law Offices of Clifton Black, P.C. will answer any questions you have regarding DUI and guide you through the complicated legal process. Call (719) 328-1616 to schedule a time to speak with us.

Law Offices of Clifton Black, P.C. defends those accused of DUI in areas such as Colorado Springs, Pueblo, Woodland Park and Cañon City.


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Law Offices of Clifton Black, P.C.