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Third DUI conviction, the previous one was less than a year ago and the first was about 3 years ago. What are the penalties?

Colorado Springs, CO |

The reasons for being pulled over each time were for minor traffic violations.

Attorney Answers 6

Posted

JAIL. Lots and lots of jail. 3 offenses within 3 years in El Paso County and you will be extremely lucky to only get 6 months of jail. Probably closer to a year. You need to check yourself into an intensive outpatient alcohol class or a 28-day inpatient class and hire the best attorney in the Springs that you can afford. You are going to be out of a job one way or another. You need to borrow funds from friends and family and take this extremely seriously. I was a lenient judge and I would give you 6 months without a second thought for 3 offenses in 3 years. It shows that you simply don't get it. I am sorry to be so blunt.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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6 comments

William A. Jones Jr.

William A. Jones Jr.

Posted

Excellent response from an outstanding lawyer.

Asker

Posted

The first was in a different county and the alcohol education classes and therapy have been completed. Does this make a difference?

William A. Jones Jr.

William A. Jones Jr.

Posted

I hope Mr. Leroi will respond to this additional piece of information. The fact that it was in a different county doesn't seem like a matter of much importance. That you completed alcohol education is good, but the fact you are now facing the second DUI since those classes were completed supports the negative impression your record otherwise demonstrates to the system. Your situation needs the direct really attention of an attorney who has been hired by you to handle your defense. While natural, you need to avoid trying to figure this out on the Internet. That effort is ultimately getting you no closer to a more favorable outcome.

John Lawrence Buckley

John Lawrence Buckley

Posted

The priors could have been in another state and it wouldn't matter.

Shaye Larkin

Shaye Larkin

Posted

Excellent response from Mr. Leroi. He doesn't parse words and always speaks the truth.

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

As a former judge, I wouldn't care if your priors were in another country (and I had plenty of those being a judge in a vacation spot). Three strikes and you are out. Defense attorneys LOVED me because at that time, I was a very liberal Democrat, and I thought that jail was no rehabilitative and was simply "warehousing" someone for awhile without treatment and without benefit. But, as I said, you did not get it the first two times and so jail would be the wakeup call you need. I was just in Golden this morning and someone on a third DWAI (not DUI) in 5 years got the full year of jail plus an additional 6 months consecutive (in addition to the DUI) for 18 months for their conduct. This person had already completed an inpatient treatment program. So, that is a real-life actual example.

Posted

It doesn't surprise me but Mr. Leroi has covered our inquiry like the proverbial blanket. I'm in complete agreement with him on all counts. Unless your question's main purpose was to aid you in locating a good DUI attorney, you need to stop doing this on your own and get the kind of assistance you really need. In addition to local lawyers who respond to your question you can make use of this website's very functional "Find a Lawyer" feature to proactively seek out candidates to interview. This is serious stuff and needs the best you can afford. Dealing with the obvious alcohol problem should also be a primary focus as you move forward. You are on a slippery slope indeed.

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2 comments

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

I agree with Mr. Jones and wish we had his excellent services in the Denver area

William A. Jones Jr.

William A. Jones Jr.

Posted

Ty.

Posted

See Mr. Leroi's answer for the answer to your current situation.

I'd like you to think for a moment about what penalties you might face next time, when you might not be so fortunate that a cop pulled you over for a minor traffic violation caused by your impairment.

I mean it. You really were fortunate, three times in three years. What will you do when your luck runs out, and there's no vigilant cop there to stop you from running into a pole or a tree, driving head-on into a car full of people full of life, or driving over a child who has yet to discover what life even is?

Those are the penalties you might next time pay, of knowing you have taken some sweet life, or ruined your own sweet life and chained it to the pain and burden of those who love you. These are penalties you will take not to the end of a jail sentence, but to your grave.

Take Mr. Leroy's fair and helpful advice, and get some help for your dilemma with alcohol. Or drink as much as you like, and sell your car. Everyone has ghosts that haunt their lives. Decide now not to create new ones.

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2 comments

William A. Jones Jr.

William A. Jones Jr.

Posted

I like that one a lot too! That's a whole meal for thought.

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

I agree

Posted

Yes. You need an attorney. Mandatory jail is in your future. Perhaps there is a defense. Only a seasoned attorney can help you know. Best of luck to you.

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Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

I agree

Posted

You've received some truly great answers thus far. Please contact a lawyer in the Springs to aid you. If it were me, I'd call Tim Bussey.

No answer here should be considered to form an attorney-client relationship. You should consult with a licensed attorney in your jurisdiction so that a full evaluation of the facts of your case can be conducted.

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Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

I agree or Robert Odle, Brian Boal, or Stephen Benson

Posted

The statutory penalties for a 3rd or subsequent DUI or DWAI or any combination of DUI, DWAI or DUI per se are as follows: A minimum of 60 days up to a maximum of 1 year in jail; fines from $600.00 to $1500.00 plus court costs and surcharges; 48 to 120 hours of useful public service; 2 to 4 years of supervised probation; and 12 points assessed on your Colorado driving record. That being said, the amount of actual jail time you will serve varies from county to county, and is dependent on any aggravating factors and the amount of alcohol treatment that you are willing to get prior to sentencing. You should also know that for the first 60 days of the jail sentence, that there are no sentencing alternatives available, except for work release and you are not authorized to receive good time or earned time credit during those 60 days.

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Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

I agree

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