Asked almost 2 years ago - Denver, CO
Flagi got a dwai back in 1994, and dui in 2001 and just caught another dui. Is this a mandatory jail sentence? I have a 2 year old that is in my custody. Is there anything besides jail that is possible
If you plead guilty (or are found guilty by a jury) to a third alcohol related traffic offense, the court must order a mandatory minimum 60 consecutive days in the county jail. Many judges will order up to a one year jail sentence (thus much more than the statutory minimum) for a third offense.
I wish you the best of luck.
Mr. Werking is correct. If convicted (either by plea bargain or by a jury) you are facing a minimum mandatory 60 days in jail and a judge could potentially sentence you to one year in jail.
You should consult with an experienced DUI defense attorney to explore possible defenses to these allegations.
Best of luck.
John Buckley
There may be a mandatory jail sentence but you will need to provide a little more information about the prior offenses, including whether they were in Colorado and the issuing state of you driver's license at the time of arrests. While the statute indicates a minimum mandatory 60 days, in rare instances that provision has been overlooked. You should talk to an attorney who dedicates all or a large percentage of his/her practice to defending DUI cases.
Both Mr. Werking and Mr. Buckley are correct. If you plead or are convicted of an alcohol offense, the mandatory minimum is 60 days consecutive jail. Understand that this is the minimum and maximum is 1 year. In most circumstances, you are very unliley to get the minimum sentence.
That is why you must obtain representation. You also have a lot of collateral consequences with a third offense, such as loss of your license for a year followed by a mandatory 2 year minimum interlock requirement. You should consult with some experienced DUI Defense attorneys and hire the one you feel the most comfortable with and who has the experience, training and education to attack your case and fight for your interests. Take advantage of the Free Consultations and speak directly with a few DUI attorneys. You have a lot to lose so you need to do everything you can to minimize the damage. Feel free to call my office to discuss your case and the facts surrounding it.
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