DUI - Sentencing Grid
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GUSTAFSON LAW OFFICE
Colorado Springs, Colorado    El Paso County
Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
  COLORADO DUI * DEAC * DWAI SENTENCING

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Phone (719) 260-1002
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COLORADO DUI - DEAC - DWAI  SENTENCING
DRUNK DRIVING SENTENCING PENALTY GRID
" There's trouble in River City "    The Music Man

ATTORNEY HOMEPAGE

Colorado DUI DWAI DEAC Sentencing Grid  **  BAC * prior conviction * fines * jail * alcohol education * useful public service * antabuse
Colorado Springs Criminal Defense Lawyer and Traffic Defense Lawyer
Attorney Trial Practice 30+ years Colorado State Courts, Colorado Springs Municipal Court & Colorado DMV License Hearings & Appeals

representation inquiries are invited & most welcome ** questions from public seeking free advice or information declined ** first consultation terms
attorney does not accept installment payments  *  full payment is due at the time attorney is retained  *  major charge cards accepted
NOTE:  Statutory penalties may be amended and attorney may not have had opportunity to update webpage.  Penalties updated October 1, 2011
webpage for educational purposes only - do not rely
 
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Third or Subsequent Offense Grid
DWAI * DUI * DEAC Sentencing

Priors Within Lifetime
statutory sentencing ranges apply to trial verdict, guilty plea, nolo contendere plea (no contest), deferred prosecution and deferred sentence agreements
except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or deferred adjudication
CRS 42-4-1307(2)(a)
Prior Conviction
statutory definition & terms
BAC 0.20 or Greater
synopsis of sentencing law
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  Cases Outside Colorado Springs - Travel
 No Pro Bono Assistance  *  No Installment Payment
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 Representation Now - Another Attorney or Self
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 No Post Sentencing - Revocation or Appeal
attorney does not accept criminal & traffic cases after sentencing unless he defended the underlying case
non-acceptance includes probation revocation, deferred sentence revocation, parole violation or appeal  **  eligible collateral attack cases accepted
 

 
 

 
 
 
STATUTORY SENTENCING GRID - ALCOHOL RELATED TRAFFIC OFFENSES

STATUTORY SENTENCING REQUIREMENTS
CRS 42-4-1307  *  EFFECTIVE DATE: 2010
 
 

 
 
 
statutory sentencing ranges apply to trial verdict, guilty plea, nolo contendere plea, deferred prosecution and deferred sentence agreements
except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or deferred adjudication
CRS 42-4-1307(2)(a)
 
FIRST OFFENSE - SENTENCING RANGE
DWAI
DRIVING WHILE ABILITY IMPAIRED
DWAI 1st OFFENSE PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
BAC 0.199 OR LESS 2 Days - 6 Months (180 Days) None $200 - $500 Presumptive
and NO PRIORS all jail can be suspended all fines can be suspended 24-48 hours
with alcohol evaluation & + suspended sentence 1 year + persistent drunk driver surcharge Mandatory Minimum
alcohol education / therapy probation up to 2 years   24 hours
DWAI 1st OFFENSE PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
BAC 0.20 OR GREATER 10 Days - 1 Year 10 Days $200 - $500 Presumptive
and NO PRIORS jail alternatives may be utilized no requirement consecutive all fines can be suspended 24-48 hours
with alcohol evaluation &
alcohol education / therapy
jailhouse policy may require
   serving consecutive sentence
+ persistent drunk driver surcharge
 
Mandatory Minimum
24 hours
  + suspended sentence 1 year    
  probation up to 2 years    
 
FIRST OFFENSE - SENTENCING RANGE
DUI  **  DEAC
  DRIVING UNDER THE INFLUENCE
 
 
  DRIVING WITH EXCESSIVE ALCOHOL CONTENT
0.08 or more grams of alcohol
per 100 ml of blood or 210 liters of breath
DUI OR DEAC 1st OFFENSE PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
BAC 0.199 OR LESS 5 Days - 1 Year None $600 - $1,000 Presumptive
and NO PRIORS all jail can be suspended all fines can be suspended 48-96 hours
with alcohol evaluation & + suspended sentence 1 year + persistent drunk driver surcharge Mandatory Minimum
alcohol education / therapy probation up to 2 years   48 hours
DUI OR DEAC 1st OFFENSE PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
BAC 0.20 OR GREATER 10 Days - 1 Year 10 Days $600 - $1,000 Presumptive
and NO PRIORS jail alternatives may be utilized no requirement consecutive all fines can be suspended 48-96 hours
with alcohol evaluation &
alcohol education / therapy
jailhouse policy may require
   serving consecutive sentence
+ persistent drunk driver surcharge
 
Mandatory Minimum
48 hours
  + suspended sentence 1 year    
  probation up to 2 years    
 
SECOND OFFENSE - SENTENCING RANGE
DWAI  **  DUI  **  DEAC
one prior conviction - DWAI, DUI, DEAC, DUR, or DARP
driving while ability impaired * driving under the influence of alcohol or drugs
driving with excessive alcohol content
driving under restraint * driving after revocation prohibited
 
conviction may have been in Colorado or any other jurisdiction
Prior Conviction PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
More Than 5 Years Hence 10 Days - 1 Year 10 consecutive days $600 - $1,500 Presumptive
DWAI 2nd OFFENSE and jail alternatives may be utilized no credit for good time all fines can be suspended 48-120 hours
DUI 2nd OFFENSE and with alcohol evaluation & no credit for jailhouse trustee + persistent drunk driver surcharge Mandatory Minimum
DEAC 2nd OFFENSE alcohol education / therapy + suspended sentence 1 year   48 hours
    + probation minimum 2 years    
Prior Conviction PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
Within 5 Years 10 Days - 1 Year 10 consecutive days $600 - $1,500 Presumptive
DWAI 2nd OFFENSE jail alternatives not available no credit for good time all fines can be suspended 48-120 hours
DUI 2nd OFFENSE and except as per below no credit for jailhouse trustee + persistent drunk driver surcharge Mandatory Minimum
DEAC 2nd OFFENSE   + suspended sentence 1 year   48 hours
    + probation minimum 2 years    

CRS 42-4-1307(5)(b).  ... a court may allow the person to participate in a program pursuant to section 18-1.3-106(1)(a) (II), (1)(a) (IV), or (1) (a) (V), C.R.S., only if the program is available through the county in which the person is imprisoned and only for the purpose of:

 

(I) Continuing a position of employment that the person held at the time of sentencing for said violation;

 

(II) Continuing attendance at an educational institution at which the person was enrolled at the time of sentencing for said violation; or

 

(III) Participating in a court-ordered level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3(3)(c) (IV).

 

CRS 42-4-1307(5)(c).  Notwithstanding the provisions of section 18-1.3-106(12), C.R.S., if, pursuant to paragraph (a) or (b) of this subsection (5), a court allows a person to participate in a program pursuant to section 18-1.3-106, C.R.S., the person shall not receive one day credit against his or her sentence for each day spent in such a program, as provided in said section 18-1.3-106(12), C.R.S.

 

 
THIRD OR SUBSEQUENT OFFENSE - SENTENCING RANGE
DWAI  **  DUI  **  DEAC
two or more prior convictions - DWAI, DUI, DEAC, DUR, or DARP
driving while ability impaired * driving under the influence of alcohol or drugs
driving with excessive alcohol content
driving under restraint * driving after revocation prohibited
 
each conviction may have been in Colorado or any other jurisdiction
Prior Offenses within Lifetime PRESUMPTIVE JAIL MANDATORY JAIL PRESUMPTIVE  FINES PUBLIC SERVICE
DWAI 3rd+ OFFENSE and 60 Days - 1 Year 60 consecutive days $600 - $1,500 Presumptive
DUI 3rd+ OFFENSE and jail alternatives not available no credit for good time all fines can be suspended 48-120 hours
DEAC 3rd+ OFFENSE except as per below no credit for jailhouse trustee Mandatory Minimum
  + suspended sentence 1 year + persistent drunk driver surcharge 48 hours
    + probation minimum 2 years    

CRS 42-4-1307(6)(a)(1).  ... a court may allow the person to participate in a program pursuant to section 18-1.3-106(1)(a) (II), (1)(a) (IV), or (1) (a) (V), C.R.S., only if the program is available through the county in which the person is imprisoned and only for the purpose of:

 

(A) Continuing a position of employment that the person held at the time of sentencing for said violation;

 

(B) Continuing attendance at an educational institution at which the person was enrolled at the time of sentencing for said violation; or

 

(C) Participating in a court-ordered level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3(3)(c) (IV).

 

CRS 42-4-1307(6)(b) Notwithstanding the provisions of section 18-1.3-106(12), C.R.S., if, pursuant to paragraph (a) or (b) of this subsection (5), a court allows a person to participate in a program pursuant to section 18-1.3-106, C.R.S., the person shall not receive one day credit against his or her sentence for each day spent in such a program, as provided in said section 18-1.3-106(12), C.R.S.

 

 

 
 

 
 
 
 
STATUTORY SENTENCING - ALCOHOL RELATED TRAFFIC OFFENSES
PROBATION AND OTHER STATUTORY SENTENCING PROVISIONS

STATUTORY SENTENCING REQUIREMENTS
CRS 42-4-1307  *  EFFECTIVE DATE: 2010
 
 

 
 
 
 
statutory sentencing ranges apply to trial verdict, guilty plea, nolo contendere plea, deferred prosecution and deferred sentence agreements
except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or deferred adjudication
CRS 42-4-1307(2)(a)
 

PROBATION RELATED PENALTIES

 

CRS 42-4-1307(7) Probation-related penalties. When a person is sentenced to a period of probation pursuant to subparagraph (IV) of paragraph (a) of subsection (5) of this section or subparagraph (IV) of paragraph (a) of subsection (6) of this section:

 

(a) The court shall impose, in addition to any other condition of probation, a sentence to one year of imprisonment in the county jail, which sentence shall be suspended, and against which sentence the person shall not receive credit for any period of imprisonment to which he or she is sentenced pursuant to subparagraph (I) of paragraph (a) of subsection (5) of this section or subparagraph (I) of paragraph (a) of subsection (6) of this section;

 

(b) The court:

(I) Shall include, as a condition of the person's probation, a requirement that the person complete a level II alcohol and drug driving safety education or treatment program, as described in section 42-4-1301.3(3)(c) (IV), at the person's own expense;

 

(II) May impose an additional period of probation for the purpose of monitoring the person or ensuring that the person continues to receive court-ordered alcohol or substance abuse treatment, which additional period shall not exceed two years;

 

(III) May require that the person commence the alcohol and drug driving safety education or treatment program described in subparagraph (I) of this paragraph (b) during any period of imprisonment to which the person is sentenced;

 

(IV) May require the person to appear before the court at any time during the person's period of probation;

 

(V) May require the person to use an approved ignition interlock device, as defined in section 42-2-132.5(7)(a), during the period of probation at the person's own expense;

 

(VI) May require the person to submit to continuous alcohol monitoring using such technology or devices as are available to the court for such purpose; and

 

(VII) May impose such additional conditions of probation as may be permitted by law.

 

Attorney Notation.  Additional conditions may include monitored abstinence with court ordered disulfiram - antabuse

 

STATUTORY STANDARD CONDITIONS OF PROBATION OR DEFERRED SENTENCE

 

When a persons enters a plea to an offense or is found guilty of an offense at trial and is placed upon supervised probation, unsupervised probation, supervised deferred sentence or unsupervised deferred sentence, statutory restrictions and obligations are imposed by Colorado law.  Refer to the above link to read the conditions of probation statute verbatim.

 

In addition to the statutory standard conditions, the court is likely to impose additional specific conditions at sentencing hearing or deferred sentence review hearing which are reasonably related to rehabilitation, punishment, protection or deterrence.

 

RESTITUTION

 

CRS 42-4-1307(11)  As a condition of any sentence imposed pursuant to this section, the sentenced person shall be required to make restitution in accordance with the provisions of section 18-1.3-205, C.R.S.

 

Attorney Notation.  Restitution is mandatory.  A defendant is required to reimburse any damages caused by his or her offense.

 

VICTIM IMPACT PANEL

 

CRS 42-4-1307(12)  Victim impact panels.  In addition to any other penalty provided by law, the court may sentence a person convicted of DUI, DUI per se, DWAI, habitual user, or UDD to attend and pay for one appearance at a victim impact panel approved by the court, for which the fee assessed to the person shall not exceed twenty-five dollars.

 

PERSISTENT DRUNK DRIVER FUND
aka Persistent Drunk Driver Surcharge (PDDS)

 

CRS 42-4-1307(10)(b)  Persons convicted of DUI, DUI per se, DWAI, and habitual user are subject to a surcharge of at least one hundred dollars but no more than five hundred dollars to fund programs to reduce the number of persistent drunk drivers.  The surcharge shall be mandatory, and the court shall not have discretion to suspend or waive the surcharge; except that the court may suspend or waive the surcharge if the court determines that a person is indigent.  Moneys collected for the surcharge shall be transmitted to the state treasurer, who shall credit the amount collected to the persistent drunk driver cash fund created in section 42-3-303.

 

Attorney Notation.  Other costs such as traumatic brain injury surcharge, law enforcement assistance fund, rural alcohol and substance abuse prevention and treatment program are not cited herein.

 

PROBATION EARLY TERMINATION

 

CRS 42-4-1307(7)(d)  The prosecution, the person, the person's counsel, or the person's probation officer may petition the court at any time for an early termination of the period of probation, which the court may grant upon a finding of the court that:

 

(I) The person has successfully completed a level II alcohol and drug driving safety education or treatment program pursuant to subparagraph (I) of paragraph (b) of this subsection (7);

 

(II) The person has otherwise complied with the terms and conditions of his or her probation; and

 

(III) Early termination of the period of probation will not endanger public safety.

 

Attorney Notation.  Counsel's representation is concluded when a final order has been entered.  Attorney Gustafson files a notice of withdrawal of representation at that time to avoid being the client's agent for service of process.

 

If supervised probation or deferred sentencing is ordered, with the end of case documents, counsel provides the client with the below documents to be later filed pro-se (without counsel).  Early termination issues are not complicated and do not require representation by an attorney.  Early termination is always of interest to the client given the expensive monthly supervision fee ($50 per month at present).  These courtesy documents make it easy for a former client to request early termination and supervision costs refund.  Note that early termination works a little differently in deferred sentencing than in probation cases.  DA Office consent is required for early termination of a deferred sentence, however the court has discretion and may terminate probation early regardless of objection by the prosecution or probation officer.

 

a.  motion for early termination of probation or deferred sentence or alternatively for conversion to unsupervised probation or deferred sentence as relevant, including request for refund of pre-paid but unused supervision costs.

 

b.  proposed order for early termination of supervised probation or deferred sentence including order directing the clerk of court to refund pre-paid but unused supervision costs.

 

c.  notice of hearing

 

If unsupervised probation or unsupervised deferred sentencing is ordered, with the end of case documents, counsel also provides the client with similar documents for early termination in the event travel outside Colorado may be required, a move outside the city of residence at disposition is a foreseeable possibility or other justification exists for early termination of probation or deferred sentencing.  Note that early termination works a little differently in deferred sentencing than in probation cases.  DA Office consent is required for early termination of a deferred sentence, however the court has discretion and may terminate probation early regardless of objection by the prosecution or probation officer.

 

 
 

 
 
 
 
STATUTORY SENTENCING - ALCOHOL RELATED TRAFFIC OFFENSES
PRIOR CONVICTION - DEFINITION & TERMS

STATUTORY SENTENCING REQUIREMENTS
CRS 42-4-1307  *  EFFECTIVE DATE: 2010
 
 

 
 
 
 
statutory sentencing ranges apply to trial verdict, guilty plea, nolo contendere plea, deferred prosecution and deferred sentence agreements
except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or deferred adjudication
CRS 42-4-1307(2)(a)
 

PRIOR CONVICTION

 

CRS 42-4-1307(9) Previous convictions.

 

(a) For the purposes of subsections (5) and (6) of this section, a person shall be deemed to have a previous conviction for DUI, DUI per se, DWAI, habitual user, vehicular homicide pursuant to section 18-3-106(1)(b), C.R.S., vehicular assault pursuant to section 18-3-205(1)(b), C.R.S., aggravated driving with a revoked license pursuant to section 42-2-206(1)(b) (I) (A) or (1)(b) (I) (B), or driving while the person's driver's license was under restraint pursuant to section 42-2-138(1)(d), if the person has been convicted under the laws of this state or under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of an act that, if committed within this state, would constitute the offense of DUI, DUI per se, DWAI, habitual user, vehicular homicide pursuant to section 18-3-106(1)(b), C.R.S., vehicular assault pursuant to section 18-3-205 (1)(b), C.R.S., aggravated driving with a revoked license pursuant to section 42-2-206(1)(b) (I) (A) or (1)(b) (I) (B), or driving while the person's driver's license was under restraint pursuant to section 42-2-138 (1)(d).

 

(b)

(I) For sentencing purposes concerning convictions for second and subsequent offenses, prima facie proof of a person's previous convictions shall be established when:

 

(A) The prosecuting attorney and the person stipulate to the existence of
the prior conviction or convictions;

 

(B) The prosecuting attorney presents to the court a copy of the person's driving record provided by the department of revenue or by a similar agency in another state, which record contains a reference to the previous conviction or convictions; or

 

(C) The prosecuting attorney presents an authenticated copy of the record of the previous conviction or judgment from a court of record of this state or from a court of any other state, the United States, or any territory subject to the jurisdiction of the United States.

 

(II) The court shall not proceed to immediate sentencing if the prosecuting attorney and the person have not stipulated to previous convictions or if the prosecution has requested an opportunity to obtain a driving record or a copy of a court record. The prosecuting attorney shall not be required to plead or prove any previous convictions at trial.

 

Attorney NotationAbsent stipulation of the defendant, out of state records raise constitutional issues of full faith and credit - exemplification of the record rather than certification, photocopy, printout from web based DMV sites or law enforcement CCIC or NCIC printouts.  The statute is silent and does not specify the type of record required to prove prior conviction.  The difference could be significant and is subject to legal research.  This issue may require appellate decision.

 

 
 

 
 
 
 
 
 
 
 
GUSTAFSON LAW OFFICE
SENATE BILL 01S2-008 EFFECTIVE DATE: SEPTEMBER 25, 2001
as amended
SYNOPSIS - BAC .20 OR GREATER

STATUTORY SENTENCING REQUIREMENTS
CRS 42-4-1307  *  EFFECTIVE DATE: 2010
 
 

 
 
 
 
 
 
 
 
statutory sentencing ranges apply to trial verdict, guilty plea, nolo contendere plea, deferred prosecution and deferred sentence agreements
except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or deferred adjudication
CRS 42-4-1307(2)(a)
 

SYNOPSIS - BAC .20 OR GREATER

 

        If a conviction enters to DUI or DWAI and the BAC is 0.20 grams of alcohol per 210 liters of breath or 0.20 grams of alcohol per100 ml blood as tested within 2 hours of driving, then the defendant must be sentenced under the sentencing provisions for DUI.  CRS 42-4-1307
 
        The initial charge is irrelevant, and lack of prior conviction or clean prior history simply doesn't matter.  The Colorado legislature has sent a clear message - if you drink to the point of intoxication such that your blood alcohol level is .20 or greater and thereafter drive a vehicle or operate a boat or ride a bicycle, then you have trouble coming your way.

 

10 days mandatory minimum which the court may not suspend up to 1 year presumptive jail range
        court can grant sentencing alternatives upon condition that the defendant undergoes an alcohol evaluation and alcohol education / therapy treatment,
$1,000 - $1,500 fine
public service hours have been reduced to the same as if a BAC .199 or below

Statutory definition amendment contained in CRS 42-4-1307(2)(a) makes it patently clear that excessive alcohol mandatory DWAI sentencing enhancer applies to a deferred prosecution or deferred sentence, as well as plea of nolo contendere (no contest).

Useful public service must be imposed even if the defendant is granted a deferred prosecution or deferred sentence.  CRS 42-4-1307(2)(a)

Refer to prior offense includes which includes an out of state alcohol traffic conviction which under a law which is similar to Colorado DWAI, DUI, DEAC, DUR, or DARP.

If a defendant is convicted of DWAI, DUI, DEAC 2nd and the offense occurred within 5 years of each other, an interlock probationary driver's license as provided in CRS 42-2-132.5

 

DMV Addresses and Links Driving Abstracts and Records DMV Point Structure On-Line Colorado Driving Records
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statute of limitations

Driving in Colorado is a constitutionally protected privilege, but nevertheless a privilege which may be lost.  Multiple statutes can cause loss of driving privileges for different driver behavior.  Drivers are entitled to a DMV hearing.  In some circumstances the right to hearing precedes potential DMV adverse action; under other Colorado traffic laws the adverse order is entered, then the driver is provided notice of the adverse action and right to request subsequent hearing.  If hearing has been held or a DMV final order has otherwise entered and the Colorado driver's license or Colorado driving privileges have been suspended, revoked or denied, the driver's remaining recourse is appeal to the District Court.  DMV appeal is subject to a statute of limitations.  Right to appeal may be lost if the driver delays.  Upon final order in the District Court, either party make take the case on appeal to the Colorado Court of Appeals.  Refer to links for information.

CSPD Accident Cold Report    due within 72 hours of accident
obtain hardcopy cold report from CSPD Police Operations Center
State of Colorado On-Line Accident Report
accident report obsolete 8/4/04 unless no officer accident report
 

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Website Copyright 2003 - All Rights Reserved - Document Revised January 30, 2012
mountains photo image, attorney photo image & law office logo copyright Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Website Initial Publication Date: October 18, 2003 - Republication Date:
July 22, 2011

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